Asin Kha vs State Of M.P. And Another

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 24/2/2021 in connection with Crime No.34/2021 registered by Police Station Seondha, District Datia for offence punishable under Sections 354, 354(Ka), 354 (Gha), 34 of IPC and Section 7/8 of the POCSO Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant alongwith other co-accused persons were passing indecent comments and were stalking her. When it was objected by the complainant, then the co-accused Soyab alias Lalla Khan caught hold and pressed her hand with an evil intention. It is submitted that now the applicant has learned a lesson and he is in jail for the last approximately 24 days. He undertakes to stay away from the prosecutrix. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case. This Court has granted bail to the co-accused Arsad by order dated 10.03.2021 passed in M.Cr.C. No.13244/2021.

Per contra, the application is opposed by the counsel for the respondent/State.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.