Akshay vs State Of Madhya Pradesh

Shailendra Shukla, J

This is second application under Section 439 of Cr.P.C. for grant of bail . Applicant - Akshay S/o Suresh Danal is implicated in Crime

No.591/2018 registered at Police Station Rajendra Nagar, District Indore for the offence punishable under Sections 376 and 506 of IPC along with 25 of the Arms Act.

His first bail application was temporarily allowed vide order dated 28.05.2021 as the prosecutrix was not traceable.

Learned counsel for the applicant has drawn Court's attention to the evidence of prosecutrix (PW-1), which is placed on record, who has turned hostile and does not support the prosecution story of applicant having committed rape upon her.

Learned Public Prosecutor for the State was also heard who has opposed the bail application.

Considered.

The deposition of prosecutrix was perused.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant Akshay shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) wit h one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

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

M.Cr.C. No.50324/2021 is allowed and stands disposed of.

Certified copy, as per rules.