Mithilesh Bairagi vs State Of Madhya Pradesh And Others

Vishal Dhagat, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.69/2020 registered at Police Station-Bamhani, District-Mandla (MP) for the offence under Sections 450, 376, 376(2)(N), 363, 313, 315, 318, 506 of the IPC, Section 5(tha)/6 of the POCSO Act and Section 3(2)(V) of the SC/ST Act.

Learned counsel appearing for the applicant submitted that applicant is in jail since 14.04.2023. Applicant has been arrested on basis of memorandum given by co-accused persons. Prosecutrix has been examined and turned hostile. In these circumstances, prayer is made to enlarge applicant on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant was absconding for some time. In these circumstances, application for grant of bail may be dismissed.

Heard the counsel for the parties.

Prosecutrix has been examined and turned hostile. Applicant is in jail since 14.04.2023 and trial is likely to take some more time for completion of trial.

6 . Considering aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, bail application filed by applicant i s allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial court.

The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C.

C.C. as per rules.