Deepak Kushwah vs State Of Madhya Pradesh And Others

Deepak Kumar Agarwal, J

Heard learned counsel for the rival parties.

This is the fourth application u/S.439 Cr.P.C filed by the applicant for grant of bail. First three bail applications were dismissed as withdrawn vide order dated 30.05.2022, 21.06.2022 and 22.08.2022 passed in M.Cr.C. Nos.25074/2022, 29571/2022, 39781/2022 respectively.

T he applicant was arrested on 12.02.2022 in connection with Crime No.11/2022 by Police Station- Devgarh, District- Morena (MP) for the offence punishable under Sections 363, 376 of IPC and 5/6 of POCSO Act.

After investigation, charge-sheet has been submitted.

The allegation against the present applicant is that he has committed sexual assault with the prosecutrix aged about 8 years. Thereafter, F.I.R was lodged by her father. On the basis of report, the aforesaid offences are registered bearing Crime No.11/2022 at Police Station Devgarh, District Morena. Prosecutrix was sent for medical examination. Statement of prosecutrix as well as other witnesses were recorded. Applicant/accused was arrested. After investigation, charge-sheet has been submitted.

Learned Advocate for the applicant submitted that trial will take time. During trial, neither the prosecutrix nor her mother has supported the prosecution case. Under these circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the bail application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 12.02.2022 and conclusion of trial will take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.

He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically

Application stands allowed and disposed of.

Certified copy as per rules.