Madhya Pradesh High Court
Chatra vs The State Of Madhya Pradesh on 31 May, 2018
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
M.Cr.C No.19733/2018
Indore: 31.05.2018
Shri SA Warsi, learned counsel for the applicant.
Shri Abhishek Soni, learned counsel for the
respondent/State.
Heard finally.
Case diary perused.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 20/12/2017 in connection with Crime No.36/2017 registered at P.S. Bajna, District-Ratlam for the offence punishable under Sections 363, 366, 376(2), 342, 368 and 506/34 of IPC and ¾ of Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that prosecutrix has already been examined before the Trial Court and has been declared hostile. A copy of her deposition is also placed on record. The trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for the State has opposed the application.
On due consideration of the contentions raised by the learned counsel for the parties, nature of the allegation against the applicant and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore without expressing any view on the merits of the case, the application is allowed and it is directed that applicant Chatra S/o Gadia shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/Trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(Subodh Abhyankar) Vacation Judge Sourabh Digitally signed by SOURABH YADAV Date: 2018.05.31 16:29:30 +05'30'