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Vijaykant Sukla vs The State Of Madhya Pradesh on 18 June, 2018

HIGH COURT OF MADHYA PRDESH
BENCH AT INDORE
1

Mis. Cr. Case No.20094/2018 (Vijaykant Shukla Vs. State of MP)

Indore, Dated: 18/06/2018
Shri Nitendra Vajpayee, learned counsel for the applicant.
Ms. Bhakti Vyas, learned Public Prosecutor for the
respondent/State.

This is the first bail application under section 439 Cr.P.C., on
behalf of the applicant, Vijaykant Shukla. The applicant is in jail since
14/05/2018 in connection with crime No.325/2018 for the offence
punishable under
section 377 IPC registered at Police Station Vijay
Nagar, Indore.

As per prosecution case, the applicant had indulged in unnatural
sexual offence with the complainant, Yogesh Sharma. Accordingly,
case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is
aged about 60 years and as per medical report, he is not potent to
commit such an offence. He is innocent and has been falsely
implicated in the offence. He has no other criminal antecedents.
Investigation is complete and challan has been filed. No further
custodial interrogation of the applicant is required. The applicant has
already suffered incarceration for a period of about one month. Further
detention of the applicant in jail shall cause social indignation and
mental agony. Hence, prays that the applicant may be enlarged on bail
on such terms and conditions which this Court deems fit and proper.

Per contra, learned Public Prosecutor opposes the bail
application with the contention that the applicant since found to have
been indulged in unnatural sex in the complainant’s house by
Bhagirath, the offence is complete. Under such circumstances, no
indulgence is warranted by this Court for grant of bail.

In the obtaining facts and circumstances, without commenting
upon merits of the submissions of the learned counsel for the parties,
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.50,000/- (Rupees fifty thousand only) with one solvent
surety in the like amount to the satisfaction of the learned Trial Court,
HIGH COURT OF MADHYA PRDESH
BENCH AT INDORE
2

Mis. Cr. Case No.20094/2018 (Vijaykant Shukla Vs. State of MP)

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 compliance.

(Rohit Arya)
b/- Judge

Digitally signed by M V
R BALAJI SARMA
Date: 2018.06.18
18:04:21 +05’30’

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