Pappu @ Jaswant vs State Of Madhya Pradesh

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station City Kotwali, District Morena in connection with Crime No.801/2019 registered in relation to the offences punishable under Sections 363, 364A of IPC and Section 11/13 of MPDVPK Act.

It has been argued by the counsel for the applicant that the abductee Vishnu aged about 10 years, who went with the present applicant and other co-accused persons and subsequently, the abductee Vishnu was taken to various places on the same day for roaming and enjoyment. It is pointed out by the counsel for the applicant that there is nothing on record to show that any ransom was demanded. The statement of Vishnu was recorded on 22/07/2019, and there is nothing to show in the statement that any demand was made from the parents of Vishnu. It is further submitted by learned counsel for the applicant that the offence under Sections 363, 364A of I.P.C. and Section 11/13 of MPDVPK Act are not made out in the present facts and circumstances of the case. He is in custody since 20/07/2019. On these grounds, he prays for grant of bail.

Per contra, learned Public Prosecutor has opposed the bail application and states that the statement of mother of Vishnu-Urmila has been recorded wherein she has stated that the demand of money was made out on phone and from the statement of Vishnu, it is found proved that he was abducted by the applicant and other co-accuseds. Accordingly, it is submitted that under the provision of Sections 364A of I.P.C. offences are made out against the applicant. Considering the same, he prays for dismissal of the bail application.

Considering the facts and circumstances of the case, that applicant has no criminal antecedents and applicant is in custody since 20/07/2019 and further custodial interrogation may not be necessary as charge-sheet has already been filed and that prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of the concerned trial Court.

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

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

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

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall mark his attendance before the Trial Court in the first week of every month till the conclusion of trial.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.