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Sanjeev Yadav vs The State Of Madhya Pradesh on 9 January, 2019

MCRC. No. 52265/2018
(Sanjeev Yadav Vs. The State of M.P.)

Jabalpur, Dated : 09.01.2019
Shri Vinod Tiwari, counsel for the applicant.
Ms. Shobhna Sharma, P.L. for the respondent / State.

Heard with the aid of case dairy.

This is First application of the applicant Sanjeev Yadav filed
under section 439 Cr.P.C. for grant of bail in connection with Crime
No. 212/2018 registered at Police Station Digauda, District
Tikamgarh for the offence punishable under Section 354 IPC and
Section 5/6 of POCSO Act, 2012.

As per the prosecution case, on 12.10.2018 when
complainant, who was minor, went to attend the call of Nature at the
filed of Kakku Chaube situated at village Veerau, applicant came
there and molested her.

Learned counsel for the applicant submits that applicant has
not committed any offence and has falsely been implicated in the
offence. The applicant is in custody since 04.12.2018 and the
conclusion of trial is likely to take long time, hence prayed for
release of the applicant on bail.

Learned counsel for the State opposed the prayer and
submitted that applicant molested a minor girl, so he should not be
released on bail.

Looking to the facts and circumstances of the case and as to
the fact that the applicant is in custody since 04.12.2018 and
conclusion of trial is likely to take long time, without commenting
on the merits of the case, the application is allowed and the applicant
is directed to be released on bail upon his furnishing personal bond
in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one
surety in the like amount to the satisfaction of the concerned
C.J.M/trial Court for his appearance before the trial Court on all such
dates as may be fixed in this behalf by the trial Court during the
pendency of trial.

MCRC. No. 52265/2018
(Sanjeev Yadav Vs. The State of M.P.)

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 fact of the case so as to dissuade him from disclosing such
facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the
offence of which he 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.

C.C. on payment of usual charges.

(Rajeev Kumar Dubey)

Digitally signed


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