Dasham S/O Kunwar Singh Dundwe vs State Of Madhya Pradesh

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.107/2019 registered at Police Station Nanpur, District Alirajpur (MP) for offence punishable under Sections 363, 366 and 376 (2) (N) of the Indian Penal Code, 1860 and also under Sections 3 / 4 and 5-L / 6 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 09.04.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Sections 363, 366 and 376 (2) (N) of the Indian Penal Code, 1860 and also under Sections 3 / 4 and 5-L / 6 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the present applicant.

According to the averments made in the bail application, it appears that the applicant is a youth aged about 20 years and he has not committed any offence. The applicant is in custody since 09.04.2019. The investigation is over and charge sheet has been filed. The prosecutrix, her father and brother have already been examined before the trial Court and they have not supported the prosecution story and turn hostile. Hence, no alleged offence is made out against the applicant. Under these circumstances, a prayer is made in the bail application for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case, but 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 his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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.