Depak vs State Of M.P. And Others

Shailendra Shukla, J

This is III bail application under Section 439 of Cr.P.C. for grant of bail. Applicant is implicated in Crime No.32/2020 registered at Police Station

Ingoriya District Ujjain for the offence punishable under Sections 363, 366, 376 (2)(n) of IPC along with 6/5L of the Protection of Children from

Sexual Offences Act. The applicant is in custody since 22.02.2020.

Earlier applications have been dismissed as withdrawn vide orders dated 07.09.2020 and 01.07.2021 passed in M.Cr.C. Nos.28004/2020 and

43915/2020 with liberty to renew his prayer after recording the Court statement of the prosecutrix.

Learned counsel for the applicant has filed deposition sheet of prosecutrix who has turned hostile and does not support the case of the prosecution

story that the applicant had kidnapped her and committed sexual assault on her. The prosecutrix states that she had got married and she came to her

parental house and her parents were angry with her and had asked why she comes to her parental house within 2-3 weeks. She states that due to

such question asked by her parents she had called up the present applicant and he had left her at Aunt's place. She thus denied the prosecution story

regarding kidnapping and sexual assault. Under these facts and circumstances, learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor for the State was also heard who has opposed the bail application submitting that a motorcycle has been seized from the

applicant in which he had kidnapped the prosecutrix. Considered.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, this bail application is allowed and it is directed

that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety

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 Cr.P.C.

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

M.Cr.C. No.33912/2021 is allowed and stands disposed of.

Certified copy, as per rules.