High CourtsSingle Bench

Kishore vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 16 August 2021 · Citation: (2021) 08 MP CK 0106

HON’BLE JUDGES
Shailendra Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 354, 376, 450, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.40382 Of 2021
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Judgment

17 paragraphs · 258 words

Shailendra Shukla, J

This is third application under Section 439 of Cr.P.C. for grant of bail.

Applicant - Kishore S/o Fatehlal Goyal is implicated in Crime No.23/2021 registered at Police Station Sailana, District Ratlam for the offence

punishable under Sections 376, 354, 450, 506 and 34 of IPC.

Learned counsel for the applicant has drawn Court's attention to the statements of prosecutrix, who has completely turned hostile. Along with

prosecutrix, her parents Santosh (PW-2) and Asha (PW-3) have also turned hostile and does not support the prosecution case of applicant having

trespassed the house of prosecutrix and committing rape upon her and on these grounds, bail has been sought.

Learned Public Prosecutor for the State was also heard who has opposed the bail application.

Considered.

On due consideration of the aforesaid submissions, without commenting upon the merits of the case, this bail application is allowed and it is directed

that applicant Kishore shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one

solvent surety 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 Cr.P.C.

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

M.Cr.C. No.40382/2021 is allowed and stands disposed of.

Certified copy, as per rules.