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Judgment
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 10-7-2019
in connection with Crime No.299/2019 registered at Police Station, Thatipur, District Gwalior, for the offence punishable under Sections 376, 506 of
IPC and Sections 3/4 of the POCSO Act. First application was dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 10-7-
2019. He referred the Court statement of prosecutrix and other family members on behalf of prosecution to submit that they have not supported the
story of prosecution and declared hostile. Chance of tampering with evidence/witness is remote. Main allegations are levelled against prime accused
Gajju and not against the applicant. Confinement amounts to pre- trial detention. He undertakes to cooperate in trial and would not be a source of
embarrassment/harassment to the complainant party in any manner. He further undertakes to perform community service. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only), with one solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.