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Judgment
22 paragraphs · 442 wordsG.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 09.11.2021 in connection with Crime No.503/2021 registered by Police Station Porsa, District Morena for offence
punishable under Sections 354, 456, 323, 506, 34 of IPC.
It is submitted by Counsel for the applicant that according to the prosecution case, the prosecutrix woke up at 2:30 in the night and came out of her
house in order to answer the call of nature and it is alleged that at that time, the applicant alongwith the co-accused came to the house of the
prosecutrix through the roof of the house and threw her on ground as well as also tried to torn her cloths and outraged her modesty. It is submitted
that the allegations are false. Even otherwise, there is nothing on record to suggest that the applicant was aware of the fact that the prosecutrix would
come out of her house at 2:30 in the Morning. The applicant is in jail for the last more than one and half months. The Trial is likely to take sufficiently
long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that applicant has criminal history and one offence
under Section 25, 27 of Arms Act was registered at crime No.400/2018 at Police Station Porsa, District Morena and another offence under Sections
188, 269 & 270 of IPC was registered at crime No.236/2021 at Police Station Porsa, District Morena.
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/- (Rupees 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 â€" Porsa, 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 of 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 rules.