Udalsingh vs State Of Madhya Pradesh

Shailendra Shukla, J

This is second application under Section 439 of Cr.P.C. for grant of bail. Applicant - Udalsingh is implicated in Crime No.193/2020 registered at Police

Station Narayangarh, District Mandsaur for the offence punishable under Sections 363, 366 and 376(2)(n) of IPC along with 5(l)/6 of the Protection of

Children from Sexual Offences Act.

His first bail application was dismissed as withdrawn vide order dated 25.03.2021 passed in MCRC No.11458/2020 with liberty to file fresh application

after examination of prosecutrix.

Learned counsel for the applicant submits that prosecutrix has since been examined and her deposition sheet is placed on record, who has completely

turned hostile and does not support the case of the prosecution of applicant kidnapping the committing sexual assault of prosecutrix.

 Learned Public Prosecutor for the State was also heard who has opposed the bail application.

Considered.

On due consideration of the aforesaid submissions and after perusal of deposition of prosecutrix, without commenting upon the merits of the case, this

bail application is allowed and it is directed that applicant Udalsingh shall be released on bail on his furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular

appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also

directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

A copy of this order be sent to the concerned Court for its compliance.

M.Cr.C. No.32120/2021 is allowed and stands disposed of.

Certified copy, as per rules.