High CourtsSingle Bench(2021) 01 MP CK 0060

Manu @ Yuvraj Singh vs State Of M.P.

Madhya Pradesh High Court · Decided on 15 January 2021

HON’BLE JUDGES
Vishal Dhagat, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.1833 Of 2021

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Judgment

26 paragraphs · 448 words

Vishal Dhagat, J

This is first bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

The applicant has been arrested on 11.11.2020 in connection with Crime No.517/2020 registered at Police Station-Pawai, District-Panna, (M.P.) for

commission of offence punishable under Sections 363 and 366-A of the Indian Panel Code.

As per prosecution story, present applicant-Manu @ Yuvraj Singh and co-accused-Upendra Singh are said to have kidnapped the prosecutrix and

removed her from lawful guardianship of her parents.

Learned counsel for the applicant submitted that statement of complainant has been recorded in the Court in which she had clearly stated that she on

her own went to see a ailing friend. She was not kidnapped either by present applicant-Manu @ Yuvraj Singh or by co-accused-Upendra Singh.

Applicant is in jail since 11.11.2020. Charge-sheet in the case has already been filed and investigation is complete. On aforesaid basis, he made a

prayer that applicant may be released on bail.

Counsel appearing for the State Government opposed the application for grant of bail. It is submitted by him that applicant has removed minor girl

from lawful guardianship of her parents and co-accused namely Upendra Singh is also having criminal antecedents. On the aforesaid ground, he made

a prayer for dismissal of bail application filed on behalf of the applicant.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case and the statement of complainant recorded under Section 164 of the Code of Criminal Procedure

before the Court and also the fact that investigation in the case is complete and applicant is in jail since 11.11.2020, without expressing any opinion on

the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant-Manu @ Yuvraj Singh be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial

court.

The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is

suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to

dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.