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Judgment
9 paragraphs · 343 wordsVivek Rusia, J
This is First bail application under Section 439 of Cr.P.C. who are in custody since 21.06.2022 in connection with Crime 347/2022 registered at P.S. Narsinghgarh, District Rajgarh for the offences punishable under Section 363, 366-A, 376(2)(N), 344 of IPC and 5/6 of Protection of Children From Sexual Offence Act, 2012.
As per prosecution story, a missing person report was lodged at the instance of father of the prosecutrix. The prosecutrix went missing on 06.06.2022, the suspicion has been shown against the applicant that he has eloped the prosecutrix. Thereafter, she was recovered from the custody of this present applicant on 20.06.2022. Both were medically examined, after verification of her age, other offence have been registered against the applicant. After completing the investigation, charge-sheet was filed,
Learned counsel for the applicant submits now the prosecutrix has been examined before the Court as PW-1 on 27.09.2022 in which she has disclosed her age 19 years. She has denied examination as well as statement before the Magistrate. She also denied her signature in the statement recorded under Section 161 of Cr.P.C.
Learned Government Advocate opposes the prayer made by the applicant and prays for its rejection.
Heard.
On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant- DHARMENDRA shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court. It is made clear that after being so released, the applicant shall make himself available on each and every date when the case is put up for trail and shall not influence any of the witnesses.
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.
C.C. as per rules.