Suri Kushwah vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station- Station Road, District Morena in connection with Crime No.266/2019 registered in relation to the offence punishable under sections 363, 366A, 367 of I.P.C.

Allegations against the applicant, in short, are that he tried to abduct the girl while she was coming from the school on the bicycle. On the basis of aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 07/08/2019. Charge-sheet has been filed and no further custodial interrogation is required in the matter. The medical report was summoned by this Court in respect of the applicant's vision and the applicant was examined by Eye Specialist, District Hospital, Morena and vide opinion dated 29.11.2019 has opined that the applicant is having very low vision due to conjunctivital disease of eyes and he is almost blind. It is further submitted by learned counsel for the applicant that he had no intention to abduct the girl but as he could not see, he unknowingly caught her hand and tried to balance himself. Trial will take sufficient time. Under these grounds, applicant prays for grant of bail.

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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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/- (Rs. Fifty Thousand only) with two solvent local sureties in the like amount 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.

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

C.c. as per rules.