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Judgment
19 paragraphs · 351 wordsArun Kumar Sharma, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 30.11.2021 in connection with Crime No.303/2019 registered at P.S. Athner, District-Betul (MP) for the offence
punishable under Sections 354, 456, 457, 506, 506 (Part-II) of the Indian Penal Code and also under Section 7, 8 of the Protection of Children from
Sexual Offences Act, 2012.
As per the prosecution case, it is alleged that the applicant tried to outrage the modesty of the minor prosecutrix.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the alleged offence. The prosecutrix has
not made any allegation against the applicant. Under these circumstances, no alleged offence is made out against the applicant. He is in custody since
30.11.2021 and trial will take considerable time. There is no likelihood of applicant absconding or tampering with the evidence. Hence, he be enlarged
on bail.
Learned P.L. opposed the application and prayed for rejection of the same.
Looking to the aforesaid 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 is allowed.
It is ordered that that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his 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.
I t 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.
Certified copy/e-copy-as per rules.