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2023 DIGILAW 879 (MP)

Pawan v. State of M. P.

2023-11-01

PREM NARAYAN SINGH

body2023
JUDGEMENT 1. This is first bail application has been filed on behalf of the applicant for grant of regular bail under section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to Crime No. 364//2022, registered at Police StationSagore, District-Dhar (MP) for offence punishable under sections 363, 366, 376, 376(2((i), 376(2)(n) of IPC and under section 3/4 of POCSO Act. The applicant is in jail since 15.03.2023. 2. Allegation against the applicant, is that of commission of rape upon the minor prosecutrix. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. Now the statements of the prosecutrix and other witnesses i.e. parents of prosecutrix, have been recorded before the trial Court, wherein they have not supported the prosecution story and turned hostile. The applicant is in jail since 15.3.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail. 4. Counsel for the respondent/State, on the other hand, has opposed the prayer. 5. Having taken into consideration all the facts and circumstances of the case, custody period of the applicant and mainly the fact that the prosecutrix and other witnesses have not supported the prosecution case, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, bail application under section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed. 6. It is directed that applicant be released on bail on his 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 regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.