Lankesh Khare vs State Of Madhya Pradesh

Vivek Agarwal, J

This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Lankesh Khare, S/o Narayan Khare, who is in custody since 17/06/2021 in connection with Crime No.425/2021 registered at Police Station Habibganj, Bhopal, District Bhopal (M.P.) for the offences punishable under Sections 363, 376,(2)(n), 376(2)(f), 376 (3) of IPC and also Section 5n, 5l, 6 of POCSO Act.

Learned counsel for the applicant submits that prosecutrix is examined in the Court of law in January, 2022 and she has not supported the case of prosecution. She has turned hostile also also PW-2 step father of the prosecutrix and PW-3 mother of prosecutrix. Hence, prayer is made to enlarge the applicants on bail.

Learned Panel Lawyer for the non-applicant/State opposes the bail application and submits that there are criminal history of three cases against the applicant.

Taking the fact into consideration that prosecutrix, her step father and mother have not supported the prosecution case, this Court is of the opinion that it is fit case to enlarge the applicant on bail, therefore, without commenting anything on the merits of the case, this application is allowed.

I t is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

T he jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.