AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 342 wordsSujoy Paul, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.111/2021 registered at Police Station - Nahargarh, District - Mandsaur for the offence registered under Sections 363, 366-A, 376 (2n) of the Indian Penal Code & Section 3/4, 5-L/6 of Protection of Children from Sexual Offences Act. The applicant is in custody since 18.07.2021.
Learned counsel for the applicant submits that as per prosecution story, the applicant has committed offences punishable under Sections 363, 366-A, 376 (2n) of the Indian Penal Code & Section 3/4, 5-L/6 of Protection of Children from Sexual Offences Act. However, the prosecutrix and her parents entered the witness box and did not support the prosecution story. The said statements has been filed along with the bail application. The applicant is a young boy of 23 years and has no criminal record.
The prayer is opposed by learned Government Advocate for the respondent / State. However, he did not dispute that statements filed by the applicant's counsel have already been recorded by the Court below.
Considering the aforesaid, without expressing any opinion on the merits of the case, coupled with the fact that the applicant is a young boy who has no criminal record, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.
The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed. He shall abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would result in cancellation of the bail granted by this Court.
With the aforesaid, the application stands disposed of.
Certified copy, as per Rules.