Madhya Pradesh High Court
Balu vs The State Of Madhya Pradesh on 3 October, 2019
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
M.Cr.C No.41468/2019
(Balu Vs. State of M.P.)
-1-
Indore, Dt. 3.10.2019
Shri Manish Yadav, counsel for the applicant.
Shri Yogesh Gupta, counsel for the respondent/State.
This is second application under Section 439 Cr.P.C for grant of bail in connection with Crime No.66/2019 registered at Police Station - Udaynagar, District Dewas for commission of offence punishable under Sections 376, 366, 120-B/34 IPC. The first bail application being M.Cr.C.No. 28779/2019 has been dismissed as withdrawn vide order dated 23.7.2019.
Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely been implicated in the present crime. The prosecutrix has been examined before the trial court on 23.9.2019 in which she has not made any allegation against the applicant regarding abduction or commission of rape and turned hostile, in these circumstances no alleged offence is made out against the applicant. Applicant is in jail since 14.6.2019 and conclusion of trial will take sufficient long time. In such circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on the merits of the case, the application filed by the applicant is allowed. The HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.41468/2019 (Balu Vs. State of M.P.) -1- applicant is directed to 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 of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S.K.Awasthi) Judge mk MUKTA KAUSHAL 2019.10.03 16:14:29 +05'30' HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.41468/2019 (Balu Vs. State of M.P.) -1-