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Judgment
19 paragraphs · 371 wordsSubodh Abhyankar, J
This is the second bail application under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.74/2020
registered at Police Station Amjhera, District â€" Dhar (MP) for offence punishable under Sections 363, 376(2)(N) and 506 of IPC and Sections 3/ 4
of POCSO Act. The applicant is in custody since 23.03.2020.
His first bail application M.Cr.C. No.35725 of 2021 was dismissed by this Court vide order dated 22.07.2021 as withdrawn.
Counsel has submitted that the prosecutrix was a consenting party and has stayed with the applicant for a period around 12 days and they had also
travelled from Train from Indore to Gujarat. She has also not complained and raised any alarm while she was accompanied by the applicant. It is
submitted that the final conclusion of the trial is likely to take sufficient long time and the applicant is lodged in jail since 23.03.2020 and her age is also
disputed.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Having considered rival submissions, perusal of the case-diary, this Court finds force with the contentions raised by the Counsel for the applicant to
allow the application. Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is
directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with a 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) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any of the criminal activities, after his release on bail, then the present bail order shall
stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.
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.