The High Court Of Madhya Pradesh
(OMPRAKASH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 29-10-2018
None for the applicant even in the second round. However, in the
interest of justice, this application is taken up for consideration.
Shri Mukesh Parwal, Public Prosecutor for the respondent/State.
This is the third repeat application under section 439 Cr.P.C. by the
applicant. The first application was dismissed as withdrawn vide order dated
01/05/2018 passed in Mis. Cr. Case No.10597/2018 and the second
application was also dismissed on 14/11/2017 in Mis. Cr. Case
No.19231/2017. The applicant is in jail since 30/09/2017 in connection with
crime No.606/2017 registered at Police Station Chandan Nagar, District
Indore for the offence punishable under sections 354 IPC 7/8 of POCSO
As per prosecution case, on 30/09/2017 while the prosecutrix (a minor)
on her way to Garba, the applicant caught hold of her hand and tried to
outrage her modesty. Accordingly, case has been registered against him.
Learned counsel for the applicant submits that the applicant is
innocent and he has been falsely implicated in the offence. There is no
incriminating material against the applicant in the context of the allegations
made in the FIR. The applicant has suffered almost more than one year
incarceration. Investigation is complete and challan has been filed. Further
custodial interrogation of the applicant is not required. He is sole bread earner
of the family and the family is on the verge of starvation due to his jail
incarceration. His further incarceration shall jeopardize life of the family
members, Hence, the applicant may be enlarged on bail, on such terms and
conditions this Hon’ble Court deems fit and proper.
Learned Public Prosecutor opposes the bail application by supporting
the order impugned and prays for its rejection.
Without commenting upon rival submissions, in the opinion of this
Court, the application deserves to be allowed.
Consequently, the application of the applicant filed under Section 439
of the Cr.P.C., is hereby allowed and it is directed that the applicant be
released on bail on his furnishing personal bond in the sum of Rs.1,00,000/-
(Rupees one lakh only) with one solvent surety in the like amount to the
satisfaction of the Trial Court, on the condition that he shall remain present
before the Court concerned during trial and also comply with the conditions
enumerated under Section 437(3) of Cr.P.C.,
A copy of the order be sent to the Court concerned for necessary
Digitally signed by
M V R BALAJI SARMA