Rajababu vs State Of M.P. & Another

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 29.04.2021 by Police Station Bharoli, District Bhind (M.P.) in connection with Crime No.26/2021 for the offence punishable under Sections 376 (D) and 506 of IPC and Section 5 and 6 of Prevention of Children from Sexual Offences Act.

It is the submission of the learned counsel for the applicant that applicant is suffering confinement since 29.04.2021. It is further submitted that co-accused Uday Singh Kushwaha has already been enlarged on bail by this Court vide order dated 16.11.2021 passed in M.Cr.C.No.55641/2021 and the case of present applicant is identical to that of co-accused Uday Singh Kushwaha. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of harassment and embarrassment to the complainant party in any manner. He further undertakes not to move in the vicinity of prosecutrix. On these grounds, he prayed for bail on the ground of parity.

Learned State counsel for the respondent/State opposed the prayer but he could not dispute the factum of parity with the co-accused Uday Singh Kushwaha.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the submissions advanced by the learned counsel for the parties and the fact that co-accused Uday Singh Kushwaha has already been enlarged on bail, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court concerned. 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 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 would not move in the vicinity of prosecutrix and would not be a source of harassment and embarrassment to her in any manner.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules/directions.