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Judgment
Deepak Kumar Agarwal, J
This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been sent to judicial custody on 9.5.2022 by Court in connection with crime No.146/2022 for the offence punishable under Section 354 of IPC registered at police Station, Pichhore, Distt. Shivpuri.
As per prosecution story, on 27.3.2022 the complainant, who is a Prahari in Sub-Jail, Pichhore, lodged a report that on 27.3.2022 from 6 to 12 am she was on duty at main gate as a gate keeper. During this period, at 8 am applicant/accused Mansingh, who is also a Prahari in Sub-Jail, touched her and kissed her. She objected this and informed her Jailor. On her report, crime under Section 354 of IPC was registered against present applicant. She was sent for medical examination. No injury was found on her person. Statement of the prosecutrix was recorded. After giving notice under Section 41(a) of Cr.P.C. the applicant has been released with a direction that as and when directed he shall remain present before the Court. Later on, he was sent to judicial custody by Court. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 9.5.2022. It is further submitted that investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the Advocates are heard. Case diary perused.
Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Application of the applicant was first rejected by the trial Court and thereafter his application under Section 439 of Cr.P.C. was rejected by the Additional Sessions Judge, Pichhore (Shri R.M.Bhagwati) vide order dated 12.5.2022. Looking to the fact that when after registration of crime, police had not arrested applicant/accused and released him after giving notice under Section 41(a) of Cr.P.C. trial Court and Court of Additional Sessions Judge ought to have granted bail to the applicant which they did not.
This Court is experiencing that Court below without going into allegations against applicant-accused blindly rejects the bail application only looking to the seriousness of the crime. This practice should be deprecated. Due to this practice, this Court is burdened with such type of bail applications and could not perform its actual work.
The Additional Sessions Judge, Pichhore, Distt. Shivpuri (Shri R.M.Bhagwati) is advised that in future he should not reject the bail application blindly.
It is also made clear that while deciding bail application Court below is not acquitting or convicting a person. The Court below is only releasing him from custody during trial with certain conditions.
Let a copy of this order be placed before the District Judge, Shivpuri and Portfolio Judge of District Shivpuri for their information.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.