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Judgment
Anjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 19.6.2021 in connection with Crime No.236/2021 registered at P.S. Maharajpur, District Mandla for the offences
punishable under Sections 363, 366, 366A, 376, 376(2)(N), 506 of the IPC, Section 5(i)/6 of the Protection of Children From Sexual Offences Act and
Sections 3(1)(W-1), 3(1)(W ii), 3(2)(b) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is a case of consent. At the time
of occurrence, the age of the prosecutrix was more than 17 years. The prosecutrix has expressed her consent before the trial Court to grant bail to the
applicant. The applicant is in custody and trial will take considerable time to conclude, therefore, h e may be released on bail.
Learned Panel Lawyer has opposed the application.
I have heard learned counsel for the parties. In the medical examination, the Doctor did not give any definite opinion regarding recent or forcible
sexual intercourse or use of violence on the person of the prosecutrix. The prosecutrix has given her consent before the trial Court to grant bail to the
applicant.
In view of the aforesaid facts and circumstances, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of
the case, the application is allowed.
It is directed that applicant Omprakash @ Ammu Thakur shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees
Forty Thousand Only) with one surety 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.
The 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.