Jabalpur: The High Court of Madhya Pradesh this week responded to the first application under Section 439 of the Cr.P.C. and granted bail to an accused in custody since 6 April 2016 in connection with a crime registered at Patera Police Station in Damoh disrict on the complaint by a victim alleging that she was being blackmailed after he had physically exploited her on the pretext of marriage.
The Police had registered crime against the accused for offences under Sections 376, 384, 506 (B) of I.P.C.
The alleged victim had lodged a complaint against the accused on 5 April 2016 alleging that on the pretext marrying her he had mixed some intoxicant in her drink and when she was unconscious, physically exploited her and also made a video. According to the complainant, she was blackmailed, sexually exploited and asked to shell out Rs. 50,000. As she was unable to pay this amount, her video was made public on a social networking platform.
The accused contended before the court through his lawyer Madan Singh, that no report had been filed for two years after the alleged incident. It was also brought to the notice of the court that he was in custody since 6 April 2016. Besides nothing has been seized from him, nor is there any mobile clipping or picture to substantiate the allegations. It was also pointed out that the accused is running a shop and is not likely to abscond, therefore, the applicant be given the benefit of regular bail.
S.K. Shrivastava, the prosecution lawyer respresenting the State opposed the application on the ground that the complainant prosecutrix in her statement under Section 164 Cr.P.C has clearly alleged that the applicant has committed the crime and on his release, he may influence the prosecution witnesses.
Charge sheet has been filed. Theaccused is not required in the investigation. No such article has been seized either from him or from the proseuctrix (female prosecutor) . The prosecution case hinges solely on the oral testimony of the prosecutrix, the High Court has observed in its order.
Keeping this in view, the High Court order passed by Justice Sushil Kumar Palo says, the Court is of the opinion that it is a fit case for grant of regular bail. The order further said: “If the accused Abhishek furnishes a personal bond of Rs.100,000 with two solvent sureties of the same amount to the satisfaction of the trial Court, he be released on bail on the following conditions :-
- The applicant will not commit any similar offence.
- The applicant will co-operate with the trial.
- The applicant will participate in the trial regularly.
If any of the above conditions is breached, the trial Court would be at liberty to reconsider on the question of bail, says the HC order.