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2020 DIGILAW 908 (MP)

Vaidhraj Dhurve @ Baiju v. State Of Madhya Pradesh

2020-09-14

B.K.SHRIVASTAVA

body2020
JUDGMENT B. K. Shrivastava, J. - Heard on I.A. No. 9228/2020 filed for exemption from filing certified copy of the impugned order dated 13/08/2020. 2. Photocopy of the certified copy has been filed, therefore, the application is allowed and exemption is granted. 3. Also heard on the application which has been filed under Section 439 of Cr.P.C. on 18.08.2020 for grant of bail on behalf of applicant Vaidhraj Dhurve @ Baiju who is confined in custody since 16/07/2020 in connection with Crime No. 42/2020 registered at Police Station Mahuljhir, District Chhindwara for offences punishable under Sections 363, 376 (1), 376 (2)(n), 376 (2)J of I.P.C. and 5 & 6 of P.O.C.S.O. Act. 4. It appears from the record that challan has been filed. The date of birth of the prosecutrix is 5/11/2002 and the incident happened on 4/07/2020. 5. Therefore, at the time of incident, the prosecutrix was a girl aged about 17 years and 9 months. It also transpires from the challan that the prosecutrix deny to give the statement under Section 164 of Cr.P.C. before the Magistrate. 6. Therefore, looking to the overall circumstances, without commenting on the merits, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a bail bond worth Rs. 30,000/- (Rupees Thirty Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court. 7. It is directed that the applicant shall abide by the conditions as enumerated under section 437(3) of the Cr.P.C. 8. At the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authority. 9. This application stands allowed. 10. C. C. as per rules.