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Judgment
G.S. Ahluwalia, J
This first application has been filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 12.02.2021 in connection with Crime No.136/2021 registered by Police Station Ambah, District Morena for offence punishable under Sections 354, 354 (3), 506 of IPC, Section 7/8 and further added Section 9/10 of Protection of Children from Sexual Offence Act.
It is submitted by the counsel for the applicant that according to prosecution case, the applicant has caught hold the hand of the prosecutrix with bad intention. It is submitted that police after concluding investigation has filed the charge-sheet. The applicant has no criminal history. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that applicant undertakes to stay away from the prosecutrix and he is also ready to abide by any stringent condition which may be imposed by the Court.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted by Shri Awasthy that complainant is aged about 11 years and after catching hold of her hand, the applicant had tried to seduce the prosecutrix to elope with him.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Ambah, District Morena on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case o f Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.