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Govind vs The State Of Madhya Pradesh on 5 January, 2018

M.Cr.C.No.27286/2017 (Govind vs. State of M.P.)


Indore, Dated: 05.01.2018
Shri Shailendra Shrivastava, learned counsel for the
Shri Rajesh Joshi, learned Public Prosecutor for the

This is first application under Section 439 of Cr.P.C. for
grant of bail on behalf of the applicant. The applicant is in jail
since 20.09.2017 in connection with Crime No.467/2017
registered at Police Station- Pardeshipura, District- Indore for
offence punishable under Sections 324, 294, 354, 354D and 506
of IPC.

As per prosecution story, on 19.09.2017 at about 5:00 p.m.
the prosecutrix while coming back home to stock the raddi, the
applicant met her on the way and with an ill-intention caught
hold of her hand and insisted to follow him. When she resisted,
he abused her and also caused slit on her left hand with a blade.
No sooner, did she shout, her husband Ramesh came running,
thereafter, the applicant fled away. Accordingly, the case has
been registered against him.

Learned counsel for the applicant submits that the
investigation is complete and challan has been filed. He is
innocent and has been falsely implicated. He has no criminal
antecedent. In the statement recorded under Section 164 Cr.P.C.
the prosecutrix has changed her version and never made
allegations attributable to Section 354 IPC. As such, there is a
material contradiction in the statement so recorded. That apart,
since he is no more required for further custodial interrogation
M.Cr.C.No.27286/2017 (Govind vs. State of M.P.)


and he is the sole bread earner of the family, therefore, counsel
prays that the applicant be enlarged on bail.

Learned Public Prosecutor for the respondent/State
supported the order impugned and opposed the bail application.

Having perused the case-diary and submission advanced,
this Court is of the opinion that without commenting on merits,
the applicant has to be enlarged on bail as challan has been filed
and the trial will take long time to conclude. Accordingly, the
application is hereby allowed. It is directed that the applicant be
enlarged on bail subject to his furnishing personal bond in the
sum of Rs.1,00,000/-(Rupees One Lac Only) with one solvent
surety in the like amount to the satisfaction of the trial Court
during trial with a condition that he shall remain present before
the Court concerned during trial and shall also comply with the
conditions enumerated under Section 437 (3) of Cr.P.C.

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

Certified copy as per rules.

(Rohit Arya)

Digitally signed by Kafeel Ahmed Ansari

Kafeel Ahmed
DN: cIN, oHigh Court of Madhya Pradesh,
ouAdministration, postalCode452001,
stMadhya Pradesh,

cnKafeel Ahmed Ansari
Date: 2018.01.06 12:09:03 +05’30’

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