Juvansingh vs State Of MP

S.K. Awasthi, J

Heard, Case-diary perused.

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime

No.316/2020, registered at Police Station Bag, District Dhar, concerning offence under Sections 354, 354(A), 452, 506 of IPC, 1860.

As per prosecution story, complainant lodged a missing FIR that in the intervening night of 12/09/2020 and 13/09/2020 at about 12.00 am, when she

was sleeping in the back side room of her house and her mother-in-law was sleeping in the front side room, the present applicant entered into her

house from back side and caught hold of her leg in order to outrage her modesty. The victim woke up and cried for help, thereafter her mother-in-law

came there, on seeing her mother-in-law, the applicant ran away from the spot. On the basis of which FIR was registered for the aforesaid offence.

Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. It is further

submitted that only allegation against the applicant is that he caught hold of her leg in order to out rage her modesty and when she cried out the

applicant ran away from the spot. The applicant is in custody since 17/09/2020. Investigation is over and charge-sheet has been filed. Conclusion of

trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the

applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his/her furnishing a personal bond

in the sum of Rs.50,000/- (Rupees fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her

regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall

also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.