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Judgment
34 paragraphs · 307 wordsThe applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 25-12-2019
in connection with Crime No.422/2017 registered at Police Station, Kotwali, District Datia, for the offence punishable under Sections 363, 366, 376(2)
of IPC and Sections 5/6 of the POCSO Act. First application was dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
25.12.2019. Case is of bail jump. Earlier vide order dated 27.4.2018 in M.Cr.C.No.15259/2018 bail was granted and applicant continued to appear
before the trial Court till October, 2019 where default committed, and therefore, he again had to relegate back to confinement since 25.12.2019. He
learnt the lesson hard way and undertakes to mend his ways and regularly appear before the trial Court and would not cause any obstruction or delay
in trial. He undertakes to perform community service.
Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.