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Judgment
20 paragraphs · 329 wordsShailendra Shukla, J
Submissions were made on second application filed under Section 439 of Cr.P.C. for grant of bail to applicants Anand and Vikram in respect of Crime
No.3/2021 registered at Police Station â€" Manpur, District Indore for allegedly committing the offence punishable under Section 450m 365, 376,
376(2)(f), 376D, 506 &n 34 of IPC. The applicants are in custody since 4.1.2021.
Liberty was granted vide order dated 16.6.2021 to renew the prayer after examination of the prosecutrix.
Learned counsel for the applicant has drawn Court’s attention to the deposition of prosecutrix (PW-1), who has turned completely hostile and
states that there was a land dispute and an altercation had taken place between the parties but no such offence of gang rape etc. was committed
against her by the applicants. He submits that husband of the prosecutrix namely Sonu (PW-2) has also been examined, whose deposition is placed on
record, and he has also turned hostile.
Learned counsel for the State was heard, who has opposed the bail application.
Considered.
On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicants and the statement of the
prosecutrix who has turned hostile, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicantsâ€
Anand and Vikram shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with
one solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for their 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 applicants
shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.32690/2021 is allowed and stands disposed of.
C.C. as per rules.