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Judgment
18 paragraphs · 280 wordsShailendra Shukla, J
Submissions were made on 2nd bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.121/2021, registered
at police station Bhikangaon, district Khargone for the offence punishable under Sections 363, 366, 376(3), 376(2)(N) of IPC and under Section 3/4,
5L/6 of POCSO Act.
The first bail application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix.
Learned counsel for the applicant submits that the prosecutrix has been examined who has turned hostile and does not support the case of the
prosecution that applicant having kidnapped her and committed rape upon her. Apart from the prosecutrix, father Kal Singh (PW2) and brother
Subhan (PW3) have also turned hostile. On these grounds bail has been sought.
Learned Panel Lawyer for the State was heard.
Considered.
In view of the submissions mainly those made by learned counsel for the applicant, without expressing any opinion on merits of the case, the bail
application filed on behalf of the applicant is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with
one local solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before
the concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the
conditions enumerated under section 437(3) Cr.P.C.
A copy of this order be sent to the concerned trial court for its compliance.
Accordingly, the bail application stands allowed and disposed of.
C.c. as per rules.