Bhagvansingh vs State Of M.P

Shailendra Shukla, J

Submissions were made on second application filed under Section 439 of Cr.P.C. for grant of bail to applicant Bhagvansingh S/o Kaluram Gurjar in

respect of Crime No.99/2020 registered at Police Station â€" Leema Chouhan, District Rajgarh for allegedly committing the offence punishable under

Section 450, 376 of IPC. The applicant is in custody since 8.5.2020.

The first bail application was dismissed as withdrawn vide order dated 27.6.2020 passed in M.Cr.C. No.17641/2020 and the liberty had been given to

renew the prayer after recording of court statement of the prosecutrix.

Learned counsel for the applicant submits that now the prosecutrix has been examined, who has turned hostile and has stated that on the date of the

incident while she was in her house the applicant was called to construct a Tapri in the house and finding she and the applicant alone in the house,

members of her community compelled her to lodge the report and even her husband was not inclined to lodge such a report. After declaring hostile

she denies the suggestion that she was subjected to sexual assault by the applicant. On these grounds bail has been sought.

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 applicant 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 applicantâ€

Bhagvansingh S/o Kaluram Gurjar shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)

with one solvent surety in the like amount 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 the Cr.P.C.

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

M.Cr.C. No.32795/2021 is allowed and stands disposed of.

C.C. as per rules.