Rahul vs State Of M.P. And Others

Vishal Dhagat, J

This is the third bail application under Section 439 of Cr.P.C. for grant of bail to the applicant. His earlier bail applications have been dismissed by

orders dated 1.7.2020 and 19.8.2020 passed in M.Cr.C Nos.17175/2020 and 23907/2020.

The applicant has been arrested in connection with Crime No.98/2020 registered at Police Station Khurai, District Sagar (M.P.) for commission of

offence punishable under Sections 376, 323, 506, 366-A and 376-C of the IPC and Sections 3/4 of POCSO Act.

Learned counsel for the applicant submitted that prosecutrix had been examined in the Court on 5.11.2020. In her examination she has not deposed

anything against the applicant. In absence of any allegation against the applicant, his bail application may be allowed and he may be released on bail.

Learned Panel Lawyer appearing for the State opposed the application for grant of bail.

Learned counsel appearing for the victim has no objection if the bail application is considered by this Court for grant of bail to the applicant.

Considering the facts and circumstances of the case and the fact that applicant is in jail since 1.4.2020, without expressing any opinion on the merits of

the case, bail application filed by the applicant is allowed.

It is directed that applicant Rahul may be released on bail on his furnishing personal bond of Rs.30,000/- (Rs. Thirty Thousand only) with one solvent

surety in the like amount to the satisfaction of the trial court.

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

C.C. as per rules.