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Judgment
32 paragraphs · 290 wordsThe applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 23-7-2019 in
connection with Crime No.48/2019 registered at Police Station, Pahargarh, District Morena, for the offence punishable under Sections 363, 376(2) of
IPC and Sections 5/6 of the POCSO Act.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
23.7.2019, whereas charge-sheet has already been filed. It is further submitted that statement of the prosecutrix is non- implicative in nature and it
appears that she left her maternal home on her own volition and it is a matter of consent.
He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He
undertakes to perform community service. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the 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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