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Madhya Pradesh High Court

Roopsingh vs The State Of Madhya Pradesh on 18 March, 2021

Author: Shailendra Shukla

Bench: Shailendra Shukla

                                                          1                             MCRC-8339-2021
                                The High Court Of Madhya Pradesh
                                          MCRC-8339-2021

(ROOPSINGH Vs THE STATE OF MADHYA PRADESH) 1 Indore, Dated : 18-03-2021 Shri A.K. Saxena, learned counsel for the applicant. Ms. B. Lakkad, P.L. for the State.

Submissions were made on 2nd bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.209/2020, registered at police station Kalipith District Rajgarh, for the offence punishable under Sections 363, 366(A), 376(2)(N), 376(D), 344, 272 of IPC and under Section 3/4, 5/6 of POCSO Act. He is in custody since 8.9.2020.

Learned counsel for the applicant has drawn Court's attention to the statement of prosecutrix who in very initial stage has failed to identify the present applicant. She submits that person namely Roop Singh has committed rape upon her, but she states that person who committed rape upon her was one Roop Singh belonging to Chhapri and in para 9 and 10, she specifically stated that she was not sexually assaulted by Roop Singh of Kalapipal, ie., the present applicant, hence the applicant prayed for grant of bail.

Learned Panel Lawyer for the State was heard. On due consideration, without expressing any opinion on merits of the case, the bail application is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and and he shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

A copy of this order be sent to the concerned trial Court for its compliance.

Digitally signed by Shailesh Sukhdev Date: 18/03/2021 16:35:19

2 MCRC-8339-2021 C.c. as per rules.

(SHAILENDRA SHUKLA) JUDGE SS/-

Digitally signed by Shailesh Sukhdev Date: 18/03/2021 16:35:19