Madan vs State Of MP

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the third application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.208/2021 registered at Police Station Badnawar, District Dhar (MP) for offence punishable under Sections 376, 376(2)(k) and 506-II of IPC.

His earlier bail application was dismissed as withdrawn vide order dated 02.12.2021 passed in MCRC No.51805/2021 with the liberty to renew the prayer after the prosecutrix is examined in the Trial Court.

Learned counsel for the applicant has submitted that prosecutrix has been examined on 16.12.2021, who has not supported the case of the prosecution and thus, prays that the applicant be enlarged on bail.

Learned Public Prosecutor for the non-applicant - State, on the other hand has opposed the prayer and prays for its rejection.

Having considered the rival submissions and on perusal of the case diary as also considering the deposition of prosecutrix, who has not supported the case of the prosecution in the Trial Court, this Court finds it expedient to allow the present bail application and is hereby allowed. The applicant shall be released on bail on his furnishing a bond in 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, to appear before the Trial Court on the dates given by the Court. It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

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.