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Judgment
13 paragraphs · 236 wordsThe applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.116/2017 registered at Police Station
Narharpur, District Kanker (C.G.) for the offence punishable under Sections 376(d), 450, 506, 392, 341, 34 of IPC & Sections 3(1)(c) & 3(2)(v) of the
SC and ST (Prevention of Atrocities) Act, 1989.
Present applicant is in jail since 22/01/2018.
The counsel for the applicant submits that the prosecutrix has since been examined before the trial court and she has not supported the case of
prosecution and has turned hostile. As such there is no possibility of the applicant to be convicted in the case and thus prayed for releasing the
applicant on bail.
The State counsel does not dispute the fact that the prosecutrix has not supported the case of prosecution.
Given the aforesaid facts and circumstances of the case, this Court is of the opinion that, prima-facie, a strong case has been made out for grant of
bail to the present applicant.
Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for
a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the
Trial Court on each and every date given by the said court.