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Madhya Pradesh High Court · body

2014 DIGILAW 919 (MP)

Beti Bai v. State of M. P.

2014-07-30

G.S.SOLANKI

body2014
JUDGMENT 1.With the consent of the parties, heard finally. 2. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. 3. The applicant is in custody since 11.6.2014 in connection with Crime No.107 of 2014 registered at P.S. Garhimalhera, District Chhatarpur for the offence punishable under sections 363, 366/34 of IPC and Section 8 of the Protection of Children from Sexual Offences Act. 4. As per prosecution it is alleged that Sunil, son of the applicant, had abducted the prosecutrix. The only allegation against the applicant is that she supported her son when they were going in a Tavera vehicle. 5. Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. Being a lady, offence under Section 8 of the Protection of Children from Sexual Offences Act could not be made out against the applicant. Applicant is a lady. There is no possibility of her absconding from the trial. She is in custody and trial would take considerable time to conclude, therefore, she be released on bail. 6. Learned counsel for State has opposed the application. 7. On due consideration of the contention raised by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs. 30,000/- (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial. Certified copy as per rules.