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Judgment
19 paragraphs · 346 wordsS.K. Awasthi, J
This is first application under Section 439 Cr.P.C for grant of bail in connection with Crime No.285/2020, registered at Police Station-Sonkatch,
District-Dewas for commission of the offence punishable under Sections Sections 363, 376(2)(n) of IPC and Section 5(L)/ 6 of Protection Of Children
from Sexual Offences Act,2012.
Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. It is further
submitted that although the prosecutrix is a minor girl aged about 17 years, however according to her statement recorded under section 164
Cr.P.C.,she was having love affair with the applicant and she wanted to marry with him, however her parents were not agree, therefore she had gone
with the applicant and remained in his company for a long period as his wife. In the aforesaid statement she has not made any allegation against the
applicant regarding abduction or commission of rape. The applicant is in custody since 29.07.2020. Investigation is over, charge-sheet has been filed
and the conclusion of the trial will take sufficiently longer time. Under these circumstances, learned counsel for the applicant prays for grant of bail to
the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the
applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on the
merits of the case, the application filed by the applicant is allowed. The in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall
remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C..
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
