Manish vs State Of Madhya Pradesh And Others

Shailendra Shukla, J

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Manish S/o Rajesh @ Rajendra Sharma is implicated in Crime

No.956/2019 registered at Police Station Khajarana District Indore for the offence punishable under Sections 376(3), 376(D, A), 376(2)(n), 376-D, 506

and 34 of IPC along with 5(g), 5(n), 5(l) and 6 of the Protection of Children from Sexual Offences Act.

The applicant stands charge-sheeted under the provisions of the POCSO Act.

Learned counsel for the applicant has drawn Court's attention to the evidence of prosecutrix, which is placed on record, who has completely turned

hostile and she denies any act on the part of the applicant. She has maintained her stand even after being declared hostile. Apart from prosecutrix, her

relative Pankaj Jain (PW-2) has also turned hostile 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 Manish shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) wit h 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.40548/2021 is allowed and stands disposed of.

Certified copy, as per rules.