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Judgment
19 paragraphs · 352 wordsShailendra Shukla, J
This is second bail application filed by the applicant â€" Sohan Singh @ Sabar Singh @ Saval Singh S/o Idla under Section 439 of Code of Criminal
Procedure, 1973 for grant of bail in connection with Crime No.27/2021 registered at Police Station â€" Kukshi, District â€" Dhar (MP) for the offence
punishable under Sections 363, 376, 376(2)(N) of Indian Penal Code, 1860 and under Sections 3/4 & 5L/6 of POCSO Act, 2012 and the applicant is in
custody since 05.02.2021.
The first application was dismissed as withdrawn with liberty to file fresh bail application after examination of prosecutrix vide order dated 21.05.2021.
Learned counsel for the applicant has filed the deposition sheet of prosecutrix who has not supported the prosecution story regarding abduction and
committal of rape by the applicant upon her. The deposition sheet was perused. The applicant is in jail since 05.02.2021 and the conclusion of trial
would take considerably long time. With these submissions, bail has been sought.
Learned counsel for the non-applicant/State was also heard who has opposed the bail application.
Considered.
After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant, a
case is made out for grant of bail to the present applicant. Accordingly, the bail application filed by the applicant â€" Sohan Singh @ Sabar Singh @
Saval Singh S/o Idla is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees
Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before
the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during the trial. The applicant
shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
Miscellaneous Criminal Case No.35250 of 2021 stands allowed and is disposed of in above terms.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy, as per Rules.