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Judgment
19 paragraphs · 351 wordsSubodh Abhayankar, J
This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.622/2020
registered at Police Station-Station Road Ratlam, District-Ratlam (MP) for offence punishable under Sections 363, 366 of the IPC & 11/12 of the
POCSO Act. Applicant is in jail since 23.12.2021.
The allegation against the applicant is of abduction of the victim, who was aged about 16 years and 7 months.
Counsel for the applicant has submitted that the prosecutrix has not averred any overt act against the applicant in fact she herself had called and
accompanied him from Sanawat to Surat. It is further submitted that applicant is in jail since 23.12.2021 and the final conclusion of the trial is likely to
take long time. In such circumstances, it is prayed that the applicant be released on bail.
Counsel for the respondent/State has opposed the prayer.
On due consideration of the rival submissions and on perusal of the case-diary, this Court finds force with the contentions raised by the counsel for the
applicant. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.
The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with
one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition
that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal
Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.