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Judgment
8 paragraphs · 414 wordsArun Kumar Sharma, J
This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 07.06.2021 by Police Station Mahila Thana, Katni, District Katni (MP) in connection with Crime No.19/21 registered for the offence punishable under Section 370, 109 of the IPC and Sections 3, 4 & 5 of the Immoral Traffic Act, 1956.
As per the prosecution case, the allegation against the applicant is that she and other co-accused person compelled the prosecutrix to have physical relation with other people and take money in lieu of paramount bliss and involved her in illegal flesh trading.
On behalf of the applicant-accused, it is contended that she has been falsely implicated in the case. The applicant is in jail since 07.06.2021. Charge sheet has been filed and trial will take time. There is no criminal antecedent of the applicant. Further submitted that the complainant has also furnished an affidavit in favour of the applicant stating that the applicant has done nothing with her and she has no objection in granting bail to the applicant. Other co-accused persons have been granted bail by this Court vide orders dated 10.08.2021 passed in M.Cr.C. No. 30889/2021 & M.Cr.C. No.30502/2021. There is no likelihood of her absconding or tampering with the witnesses. Hence, he be released on bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Looking to the facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application i s allowed. It is ordered that that the applicant/accused be released on bail on her furnishing a personal bond for the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
It is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic before releasing the applicant from the jail.
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