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2020 DIGILAW 853 (MP)

Rajesh Kori v. State Of Madhya Pradesh

2020-09-04

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant. 2. The applicant is in jail since 30/09/2019 in connection with Crime No.452/2019 registered at Police Station NKJ, District Katni, for commission of offences punishable under Sections 363, 366-A, 376(2) (N), 342 of IPC and Sections 3, 4, 5 and 6 of POCSO Act. 3. The case of the prosecution against the applicant, in short, is that, the applicant allured the prosecutrix who was more than 16 years at the time of incidence and on the pretext of marriage repeatedly committed sexual intercourse with the prosecutrix. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that the charge-sheet has been filed. The applicant is in jail since 30.09.2019 and trial would take considerable time for its conclusion, therefore, the applicant may be enlarged on bail. 5. Learned Panel Lawyer for the respondent/State opposes the application. 6. Having heard learned counsel for both the parties and perused the record. After investigation charge-sheet has been filed and the statements of the prosexutrix and her parents have been recorded. On perusal of the statements of witnesses and other evidences, without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed. 8. It is directed that the applicant-Rajesh Kori shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. Certified copy as per rules.