Kailash vs State Of M.P

Shailendra Shukla, J

Submissions were made on second application filed under Section 439 of Cr.P.C. for grant of bail to applicant Kailash S/o Kabarsingh in respect of

Crime No.266/2020 registered at Police Station â€" Tanda, District Dhar for allegedly committing the offence punishable under Section 366, 376, 109

of IPC. The applicant is in custody since 20.1.2021.

The first bail application was dismissed as withdrawn vide order dated 23.4.2021 passed in M.Cr.C. No.12470/2021.

Learned counsel for the applicant has drawn Court’s attention to the evidence of prosecutrix, who has turned hostile and has not supported the

prosecution story regarding she being kidnapped and subjected to rape by the applicant and other co-accused persons. He submits that apart from the

prosecutrix her mother Prembai (PW-2) and father Jadav Singh (PW-3) have also turned hostile.

Learned counsel for the State was heard, who has opposed the bail application.

Considered.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant and the statement of the

prosecutrix who has turned hostile, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicantâ€

Kailash S/o Kabarsingh shall be released on bail upon his furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount 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 the Cr.P.C.

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

M.Cr.C. No.32940/2021 is allowed and stands disposed of.

C.C. as per rules.