Madhya Pradesh High Court

Jasrath@Dasrath vs The State Of Madhya Pradesh on 3 May, 2024

Author:
Sanjeev S Kalgaonkar

Bench:
Sanjeev S Kalgaonkar
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF MAY, 2024
MISCELLANEOUS CRIMINAL CASE No. 18155 of 2024

BETWEEN:-
JASRATH@DASRATH S/O SHRI BHAGIRATH, AGED
ABOUT 44 YEARS, OCCUPATION: LABOUR R/O VILLAGE
GAHELI POLICE STATION AMAYAN DISTRICT
BHIND(MADHYA PRADESH)

.....APPLICANT
(SHRI NAVAL KISHOR GUPTA - ADVOCATE FOR THE APPLICANT)

AND
THE STATE OF MADHYA PRADESH 4TH ADDITIONAL
SESSION JUDGE DISTRICT BHIND (MADHYA PRADESH)

.....RESPONDENT
( SHRI A.K. SHUKLA - PUBLIC PROSECUTOR FOR THE RESPONDENT-
STATE)

This application coming on for HEARING this day, the court passed
the following:
ORDER

This first bail application has been filed by applicant under
Section 439

of the Code of Criminal Procedure, 1973 for grant of bail in connection with
Complaint No. 52/2016 RCT pending before Chief Judicial Magistrate, District
Bhind for offence punishable under
Sections 177
,
and
of the IPC.
The applicant is in judicial custody since 20/03/2024.

As per the case of prosecution, applicant has lodged FIR against Naval
Singh for offence punsihable under
Sections 363
and
of the IPC and

Section 5
/
of the POCSO Act for committing rape with his minor daughter.

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 04-May-24

11:39:08 AM
Learned Fourth Additional Sessions Judge, Bhind after trial in S.T. No.
237/2015 acquitted Naval Singh of alleged offence and directed lodging a
complaint under
Section 340(2)(b)
of the Cr.P.C for offence punishable under

Sections 177
,
, and
of the IPC against applicant Jasrath @ Dashrth and
his wife Laxami. Accordingly, private complaint was registered. Applicant did
not appear despite service of summon. Therefore, warrant of arrant and
permanent warrant of arrest were issued against the applicant. In compliance of
permanent warrant of arrest, he was arrested on 20/03/2024. He is in custody
ever since. The trial on complaint is underway.

Learned Counsel for the applicant, in addition to the grounds mentioned

in the application, submits that learned Chief Judicial Magistrate has taken
cognizance against the applicant on 11/01/2016. Applicant was not aware of the
prosecution. He was never served summon or arrest warrant, therefore, he
could not appear before the Court. The non-appearance of the applicant is not
deliberate. He is ready to abide all the condition of bail imposed by the Court
and he will cooperate in the trial. No criminal antecedent is reported against the
applicant. Applicant is labourer by profession and sole bread earner of the
family. There is no likelihood of his absconsion leaving his family, home and
profession. Trial would take time to conclude. Therefore, applicant may be
extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application
on the ground of gravity of alleged offence.

Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case but without commenting on merits of the case, this
Court is inclined to release the applicant on bail. Thus, the application is

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 04-May-24

11:39:08 AM
allowed.

Accordingly, it is directed that applicant JASRATH@DASRATH
shall be released on bail in connection with Complaint No. 52/2016 RCT
pending before Chief Judicial Magistrate, District Bhind for offences
punishable under
Sections 177
,
and
of the IPC, upon furnishing a
personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with
two sureties each of Rs. 25,000/- (Rs. Twenty Five Thousand only) to the
satisfaction of the Trial Court, for compliance with the following conditions, :

( F o r the convenience of understanding by accused and surety, the
conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may he
directed by the concerned court;

(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA

(2) Applicant shall not commit or get involved in any offence of similar
nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA

(3) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the police
officer;

(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls
izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh
dks izdV djus ls fuokfjr gksA

(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 04-May-24

11:39:08 AM
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k
lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA

(5) During trial, the applicant shall ensure due compliance of provisions of

Section 309
of Cr.P.C. regarding examination of witnesses in attendance;

(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA

This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the Trial Court may consider on merit
cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that
he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR)
JUDGE
Prachi

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 04-May-24

11:39:08 AM