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Judgment
The petitioner has filed this first application u/S. 439 of Cr.P.C. for grant of bail.
The petitioner has been arrested on 06.06.2019 by Police Station Sabalgarh, District Morena (M.P.) in connection with Crime No.189/2019 registered
in relation to the offences punishable u/Ss.363, 366A, 376D, 506 IPC and u/S. 5/6 POCSO Act and u/S.67, 67A, 67B I.T. Act.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
Allegation against the petitioner is of commission of gang-rape of prosecutrix 16+.
Learned counsel for the applicant submits that prosecutrix has been examined on 05/12/2019 and testimony is on record. In that view of the matter
release of the applicant shall not be at the cost of influencing the prosecution case.
Moreover, other co-accused Gyan Singh has already been admitted to bail vide order dated 24.12.2019 in Mcrc.52032/2019.
Considering the above and the fact that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of
liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is though inclined to extend the
benefit of bail to the petitioner but with certain stringent conditions in view of seriousness of offence.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- 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;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.
Copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.