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2020 DIGILAW 902 (MP)

Umesh Ahirwar v. State Of Madhya Pradesh

2020-09-14

ANJULI PALO

body2020
JUDGMENT Anjuli Palo, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant who is in custody since 22.08.2020 in connection with Crime No.431/2020 registered at Police Station-Hindoriya, District-Damoh (M.P.) for offences punishable under Sections 363, 366-A, 376 (2) of I.P.C. and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. 2. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. It is also submitted that the age of the prosecutrix is above 17 years. It is further submitted that due to COVID-19 pandemic situation and the fact that the trial would take considerable time, the applicant may be released on bail. 3. Learned Panel Lawyer for the respondent/State has strongly opposed the application filed by the applicant and prayed for its rejection. 4. Heard learned counsel for the parties. 5. From the facts of the case, it is clear that the prosecutrix herself went along with the present applicant and she wants to marry the applicant. In her medical report, doctor has not given definite opinion about the intercourse with her. 6. Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. 7. It is directed that applicant-Umesh Ahirwar be released on bail on his furnishing a personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates fixed during trial. 8. It is further directed that the applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C. 9. Accordingly, this M.Cr.C. is allowed.