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2023 DIGILAW 214 (MP)

Lokesh v. State of Madhya Pradesh

2023-02-02

VIVEK RUSIA

body2023
JUDGMENT Vivek Rusia, J. - This is second application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 20.01.2022 in connection with Crime No.22/2022, registered at Police Station Maheshwar, district Khargone for the offence punishable under Sections 363, 366, 366-A, 376, 376(2)(n) of IPC and Section 5l/6,5J (II) of Protection of Children from Sexual Offences Act, 2012. His first application was dismissed as withdrawn with liberty to renew the prayer after recording the Court statement of the prosecutrix vide order dated 23.05.2022 in M.Cr.C.No.18740/2022. 2. Learned counsel for the applicant submits that first application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix as he may not influence her. Now she has been examined on 15.09.2022 in which she has fully supported the present applicant and she has also disclosed her age as 20-21 years. In such premises, learned counsel prays for grant of bail to the applicant. 3. Per contra learned counsel for the State opposes the bail application and prays for its rejection by submitting that as per the entry in the scholar register, this prosecutrix was minor at the time of incident, but in the cross examination she has admitted that her grand mother has recorded her age. 4. However, it is a matter of trial whether any other evidence was produced at the time of entry in the scholar register. Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. 5. The applicant is directed to be released on bail on his furnishing 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 regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C. Certified copy, as per rules.