Akshay vs State Of Madhya Pradesh

Shailendra Shukla, J

Submissions were made on 2nd bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.537/2020, registered

at police station Barwah, for the offence punishable under Sections 363, 366, 376(2)(N) of IPC and under Section 5L/6 of POCSO Act.

Learned counsel for the applicant has drawn Court's attention to the statement of the prosecutrix who has turned hostile and has not supported the

case of the prosecution, which is regarding her kidnapping and rape on the subsequent dates by the applicant. Apart from prosecutrix her mother

(PW2) has also turned hostile and both of them have not supported the case of the prosecution. On these grounds bail has been sought.

Learned Panel Lawyer for the State was heard.

On due consideration of the submissions of the learned counsel for the applicant and the documents placed on record regarding depositions of the

prosecutrix, without expressing any opinion on merits of the case, the bail application filed on behalf of the applicant (Akshay S/o. Satyanarayan Pal) is

allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one local solvent surety in the like amount to

the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the concerned trial court on all the dates, as

may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

A copy of this order be sent to the concerned trial court for its compliance.

Accordingly, the bail application stands allowed and disposed of.

C.c. as per rules.