Shyam Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 8054 MP

                               1

IN THE HIGH COURT OF MADHYA PRADESH
            AT G WA L I O R
                            BEFORE
        HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 15th OF MAY, 2023
          MISC. CRIMINAL CASE No. 21222 of 2023

BETWEEN:-
SHYAM PRAJAPATI S/O LATE KISHAN
PRAJAPATI, AGED ABOUT 26 YEARS,
R/O TARAGANJ POLICE CHOWKI KE
SAMNE    WALI   GALI,  LASHKAR,
GWALIOR (MADHYA PRADESH)
                                                  .....APPLICANT
(BY SHRI KUNAL SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH     POLICE   STATION
MADHOGANJ,  GWALIOR (MADHYA
PRADESH)
                                                .....RESPONDENT
(BY SHRI K.S. TOMAR - PUBLIC PROSECUTOR AND SHRI ARSHAD
ALI - ADVOCATE FOR COMPLAINANT)

This application coming on for admission this day, the court
passed the following:
                            ORDER

With consent heard finally.

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 21.04.2023 by Police Station Madhoganj, District Gwalior in connection with Crime No.148/2023 registered for offence punishable under

Sections 376, 376(2)(N), 323, 294 and 506 of IPC.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 21.04.2023 on false pretext and charge-sheet is likely to be filed soon. Learned counsel for the applicant referred the fact that applicant and prosecutrix shared emotional and physical proximity consensually and when she became pregnant and assurance given by the applicant regarding marriage was not fulfilled then this case has been registered. Learned counsel for the applicant relied upon the judgments of the Hon'ble Apex Court in the cases of Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra and others reported in AIR 2019 SC, 327 and Pramod Suryabhan Pawar Vs. State of Maharashtra and others reported in AIR 2019 SC 4010. Confinement since 21.04.2023 amounts to pretrial detention especially on such false pretext. He undertakes to cooperate in trial and shall not be a source of embarrassment and harassment to the complainant side in any manner and shall not move in their vicinity. Thus, he prayed for bail.

Counsel for the State opposed the prayer and submitted that applicant bears criminal record of one more case of Section 323 of IPC and prayed for dismissal of this application.

Counsel for the complainant also opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submission and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. Applicant shall not be a source of embarrassment and harassment to the complainant side in any manner and shall not move in their vicinity.

8. The applicant shall mark his presence on First and Fifteenth Day of every month before the police station concerned between 10.30 am to 2.30 pm, till conclusion of trial.

Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.

                                                                                                       (Anand Pathak)
                                            Ashish*                                                         V.Judge

ASHIS
        Digitally signed by ASHISH
        CHAURASIA
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, ou=HIGH COURT OF


H
        MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001,
        st=Madhya Pradesh,
        2.5.4.20=bf81a9adb1da24e4bc7b



CHAU
        5195154c3d4de08c6bb9303e52e
        2e7e728d9bac85bd3,
        pseudonym=CA2EA6EDDF504F8
        F9C2790FA9A0FD201D0242B64,
        serialNumber=A926F3CBF979EC



RASIA
        A6A4C477577EEDBA3AB4F94593
        A930B98DAE1B0AD16F90B5FD,
        cn=ASHISH CHAURASIA
        Date: 2023.05.16 12:55:55 -07'00'