Vijay Nayak vs State Of Madhya Pradesh

Vivek Rusia, J

Notice has been served to victim despite that no one appeared on behalf of victim.

This is First bail application under Section 439 of Cr.P.C. who are in custody since 02.12.2021 in connection with Crime 726/2021 registered at Badnagar, District Ujjain for the offences punishable under Section 363, 366-A, 376 of IPC and under Section 3/4 of Protection of Children from Sexual Offence Act 2012.

As per prosecution story on 15.10.2021, the prosecutrix went missing from her house. FIR has been lodged for the offence punishable under Section 363 of IPC. She was recovered by the police and thereafter the above offence has been registered.

Learned counsel for the applicant submits that the prosecutrix has been examined in the court and according to her at the time of incident, she was 19 years. She has not made any allegation against the applicant regarding sexual assault. The mother of the prosecutrix has also been turned hostile.

Learned Government Advocate opposes the bail application and prays for its rejection.

Heard.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant- VIJAY NAYAK shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court. It is made clear that after being so released, the applicant shall make himself available on each and every date when the case is put up for trail and shall not influence any of the witnesses.

It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.