Sahid @ Katoi vs State Of Madhya Pradesh

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 13.11.2019, in

connection with Crime No.202/2019, registered at Police Station Vijaypur, District Sheopur (MP), for the offence punishable under Sections 376 &

506 of IPC.

It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 13.11.2019

whereas charge-sheet has already been filed. It is further submitted that allegations are not supported by medical and no injury has been sustained by

the victim over her person. It was the case where applicant lended Rs.1,50,000/- to the son of prosecutrix who happens to be a cleaner over the truck

of which applicant was driver and when asked to repay the said amount, as a pressure tactics this case has been registered. Counsel fairly submitted

that he learnt the lesson hard way and mend his ways. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial

and make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecution witnesses in any

manner. He would not move in the vicinity of complainant. He would not try to any kind of contact to the complainant party in any manner. He further

undertakes to do some community service to purge his misdeeds by ways of plantation of saplings. Under these grounds, he prayed for grant of bail to

the applicant.

Learned PP for the State opposed the prayer made by the applicant and prayed for dismissal of this application.

Learned counsel for the complainant also opposed the prayer. Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but 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.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

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

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