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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
st
ON THE 31 OF JANUARY, 2024
MISC. CRIMINAL CASE No. 1589 of 2024
BETWEEN:-
SATYVEER SINGH KUSHWAH S/O LATE BHAGWAN
SINGH KUSHWAH, AGED ABOUT 28 YEARS,
OCCUPATION: LABOUR, R/O GRAM MAHUA, POLICE
THANA MAHUA DISTRICT MORENA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI UMMED SINGH TOMAR - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
THANA MAHUA, DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI RAVINDRA SINGH KUSHWAHA - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by the applicant under Section 439 of the
Cr.P.C. for grant of bail relating to Crime No. 142 of 2023 registered at Police
Station Mahua, District Morena (M.P.) for the offence under Sections 363, 376
of IPC & Sections 7/8 of POCSO Act.
Learned counsel for the applicant argued that the applicant is innocent
and has been falsely implicated. It is further argued that the prosecutrix in her
statements recorded u/S.164 of Cr.P.C. specifically stated that she left her
house on her own volition. She lived with applicant/accused in Pune and other
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 01-02-2024
10:59:54 AM
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places and she also travelled in public transport on different places, however,
there is no evidence that she ever tried to resist or raise alarm. It is further
submitted that the applicant and prosecutrix solemnized marriage with each
other and living together as husband and wife. The applicant is in custody since
11.12.2023. Investigation in the matter is over by filing of charge-sheet,
therefore, custodial interrogation is no more required. T h e applicant has no
criminal antecedents and he is permanent resident of District Morena (M.P.) and
there is no possibility of his absconding or tempering with prosecution case. On
these grounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has vehemently opposed the bail
application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary
available on record.
Considering the facts and circumstances 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 in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following
conditions by the applicant:-
1) The applicant will comply with all the terms and
conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, as
the case may be;
3 ) 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
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 01-02-2024
10:59:54 AM
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the case may be;
4) The applicant shall not commit an offence similar to the
offence of which he/she is accused;
5) The applicant will not seek unnecessary adjournments
during the trial; and
6 ) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
Learned State counsel is directed to send an e-copy of this order to the
Station House Officer of the concerned Police Station for information and
necessary action.
E- copy of this order be sent to the trial Court concerned for compliance,
if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV)
JUDGE
vpn
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 01-02-2024
10:59:54 AM