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Judgment
17 paragraphs · 641 wordsNandita Dubey, J
The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 08.09.2021 in connection with Crime No.272/2021 registered at Police Station-Lakhanwada, District Seoni (M.P.) for the offences punishable under Sections 363,366-A, 376(2)(n) and 120-B of IPC and Sections 5-L,6 and 17 of the Protection of Children from Sexual Offences Act, 2012.
As per the prosecution, the prosecutrix went missing on 14.08.2021. She was recovered on 17.08.2021 from village Khamaria Khurd. In her statement, she has stated that she knew the main accused Vikram Satnami and went on his motor cycle to different places where on the threat and fear of dire consequences, the main accused committed rape on her.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. It is stated that only allegation against the present applicant is that she is the sister of the main accused and the main accused took the prosecutrix to her house and stayed there overnight. It is stated that there are no past criminal antecedents against the present applicant. Lastly, it is submitted that the applicant is in custody since 08.09.2021 and the trial would take considerable time to conclude, therefore, he may be released on bail.
Learned PL appearing for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed.
It is directed that applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for her presence before the said Court on all the dates given by the concerned Court. The applicant shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
Certified copy as per rules.
Nandita Dubey, J
The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 08.09.2021 in connection with Crime No.272/2021 registered at Police Station-Lakhanwada, District Seoni (M.P.) for the offences punishable under Sections 363,366-A, 376(2)(n) and 120-B of IPC and Sections 5-L,6 and 17 of the Protection of Children from Sexual Offences Act, 2012.
As per the prosecution, the prosecutrix went missing on 14.08.2021. She was recovered on 17.08.2021 from village Khamaria Khurd. In her statement, she has stated that she knew the main accused Vikram Satnami and went on his motor cycle to different places where on the threat and fear of dire consequences, the main accused committed rape on her.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. It is stated that only allegation against the present applicant is that she is the sister of the main accused and the main accused took the prosecutrix to her house and stayed there overnight. It is stated that there are no past criminal antecedents against the present applicant. Lastly, it is submitted that the applicant is in custody since 08.09.2021 and the trial would take considerable time to conclude, therefore, he may be released on bail.
Learned PL appearing for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed.
It is directed that applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for her presence before the said Court on all the dates given by the concerned Court. The applicant shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.