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Judgment
9 paragraphs · 360 wordsShailendra Shukla, J
This is third bail application filed by the applicant - Akib Khan S/o Sayeed Khan under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.311/2021 registered at Police Station - Sarangpur, District - Rajgarh (MP) for the offence punishable under Section 305, 354(d) of Indian Penal Code, 1860 along with Section 11/12 of POCSO Act, 2012 and the applicant is in custody since 05.06.2021.
The first bail application was dismissed as withdrawn vide order dated 11.08.2021. The second application was rejected on 23.09.2021 with a liberty to the applicant to renew the prayer after examination of mother Farida and brother Hussain of the victim.
Learned counsel for the applicant has filed the deposition sheets of both these witnesses who have turned hostile and did not support the prosecution story. This apart, another relative of deceased Mushtan (PW/2) has also been declared hostile. The applicant is in jail since 05.06.2021 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.
Learned counsel for the non-applicant/State was also heard who has opposed the bail application.
Considered.
After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant, a case is made out for grant of bail to the present applicant. Accordingly, the bail application filed by the applicant - Akib Khan S/o Sayeed Khan is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during the trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
Miscellaneous Criminal Case No.56141 of 2021 stands allowed and is disposed of in above terms.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy, as per Rules.