Dilip vs State Of M.P And Others

Vijay Kumar Shukla, J

This is second bail application filed by the applicant – Dilip S/o Ganpat Bhilala under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.537/2021 registered at Police-Station – Gandhwani, District – Dhar (MP) for the offence punishable under Sections 363, 366, 366-A, 376, 376 (2)(n), 376(2)(k), 376(2)(i), 376(3), 344, 506 of Indian Penal Code, 1860 along with Section 3/4 and 5(I)/6 of POCSO Act, 2012.

The earlier bail application was dismissed as withdrawn with liberty to renew the prayer after recording the statement of prosecutrix.

Counsel for the applicant submits that statement of prosecutrix has been recorded and she has not supported the case of prosecution and further she has stated that she is major. The applicant is in jail since 20.10.2021 and the conclusion of trial would take considerably long time. Hence prays for release of the applicant on bail.

Counsel for the non-applicant/State on the other hand has opposed the application and prays for its rejection.

After hearing learned counsel for the parties and taking into consideration the fact that statement of prosecutrix has been recorded and she has not supported the prosecution case and the applicant is in jail since 20.10.2021, but without commenting anything on merits of the case, I am of the view that the applicant is entitled for grant of bail. Accordingly the bail application filed by the applicant is hereby allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of Trial Court for his regular appearance before the concerned Court with a condition that he shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Miscellaneous Criminal Case stands allowed and is disposed of.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.