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Judgment
8 paragraphs · 347 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the third bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.919/2022 registered at Police Station Chandan Nagar, Indore (MP) for offence punishable under Section 376/34, 450, 506 376(2)(n) of Indian Penal Code, 1860 and Section 3/6/5(L)/4 of POCSO Act. His earlier bail applications have already been dismissed by this Court with liberty to renew prayer after the prosecutrix is examined in the trial Court.
Counsel for the applicant has submitted that subsequently the prosecutirx has already been examined in the trial Court on 13/10/2023 and has not supported the case of the prosecution, copy of her deposition has also been placed on record. Hence, it is submitted that the bail application be allowed and he be released on bail.
Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.
Having considered the rival submissions and on perusal of the case diary as also the statement of the prosecutrix, this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.