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2015 DIGILAW 630 (MP)

Nepal Singh S/O Bhagwansingh Sondhiya v. State Of M. P.

2015-06-18

S.R.WAGHMARE

body2015
ORDER : Shri Vikas Rathi, learned Counsel for the applicant. Shri Mukesh Parwal, learned Panel Lawyer for the respondent /State. 2. By this application filed under section 439 of the Criminal Procedure Code, the applicant Nepal Singh s/o Bhagwansingh Sondhiya has moved the 2nd application for grant of bail being implicated in Criminal Case No. 208/14 registered by police station Barod, District Agar for offence under sections 363, 366, 506, 376(2)(i), (iv), 34, Indian Penal Code and under sections 3/4, 5(1) and 6 of Protection of Children Sexual Offence Act. 3. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. And even if the prosecution allegations are considered Counsel placed reliance on Sunil vs. State of Haryana, 2010 Cri.L.J. 839 SC to indicate that if the prosecutrix is more than 16 years of age; and according to the prosecution allegations all the secondary sexual organs are well developed then it is the matter of approximate age of the prosecutrix which is to be considered in favour of the accused person. The Radiological report is also not available on record. Moreover, Counsel submitted that the applicant is only 25 years of age and has been arrested on 5-11-2014. Hence, Counsel prayed for grant of bail. 4. Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicant, stating that prosecutrix, in her statement under section 164 of the Criminal Procedure Code, has submitted that the applicant has committed rape on her and prayed for dismissal of the application. 5. On considering the above submissions, the impugned order and looking to the nature of allegations and materials collected in the case diary, I find that the application needs to be allowed in the interest of justice and it is hereby allowed. However, stringent condition needs to be imposed. 6. It is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- (Rupees Twenty five thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the trial Court in this behalf during the pendency of trial. 7. 25,000/- (Rupees Twenty five thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the trial Court in this behalf during the pendency of trial. 7. It is also directed that the applicant shall abide by all the conditions enumerated under section 437(3) of the Criminal Procedure Code. C.c. as per Rules.