High CourtsSingle Bench

Ravindra Kaur @ Payal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 23 November 2020 · Citation: (2020) 11 MP CK 0115

HON’BLE JUDGES
J. P. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 437(3), 439 · Indian Penal Code, 1860 — Section 120B, 312, 370(A), 375(E)(1), 376(2)(H), 376(2)(N) · Protection Of Children From Sexual Offences Act, 2012 — Section 9, 10
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 29207 Of 2020
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Judgment

17 paragraphs · 316 words

J. P. Gupta, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 148/2020

registered at Police Station Nishatpura, District Bhopal for the offence punishable under Sections 370(A), 375(E)(1), 376(2)(H), 376(2)(N), 312 and

120-B of the IPC and Sections 9/10 of the Protection of Children from Sexual Offences Act.

As per the prosecution story, the allegation against the applicant-accused is that she administered drugs to the prosecutrix and indulged her in

prostitution. At that time, the prosecutrix was a minor.

Learned counsel for the applicant submits that the applicant is innocent and she is in custody since 10.06.2020. The trial will take considerable time. It

is further submitted that the prosecutrix in her statement under Section 164 of the Cr.P.C. has not made any allegation against the applicant that she

compelled her to indulge in prostitution. Apart from it, there is no likelihood of her absconding or tampering with the prosecution evidence and her

further custody is not required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on

bail.

Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.

Looking to the facts and circumstances of the case, this application is allowed. It is ordered that the applicant/accused Smt. Ravindra Kaur @ Payal

(Appy) be released on bail on her furnishing a personal bond for the sum of Rs. 40,000/- (Rs. Forty Thousand only) with a solvent surety in the like

amount to the satisfaction of the trial court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial

and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

Certified copy as per rules.