Madhya Pradesh High Court
Akshay vs The State Of Madhya Pradesh on 16 August, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 MCRC-40492-2021
The High Court Of Madhya Pradesh
MCRC-40492-2021
(AKSHAY Vs THE STATE OF MADHYA PRADESH) 1 Indore, Dated : 16-08-2021 Heard through Video Conferencing.
Shri Vinod Thakur, learned counsel for the applicant. Shri Sameer Verma, Panel Lawyer for State. Perused the case diary.
Submissions were made on 2nd bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in crime No.537/2020, registered at police station Barwah, for the offence punishable under Sections 363, 366, 376(2)(N) of IPC and under Section 5L/6 of POCSO Act.
Learned counsel for the applicant has drawn Court's attention to the statement of the prosecutrix who has turned hostile and has not supported the case of the prosecution, which is regarding her kidnapping and rape on the subsequent dates by the applicant. Apart from prosecutrix her mother (PW2) has also turned hostile and both of them have not supported the case of the prosecution. On these grounds bail has been sought.
Learned Panel Lawyer for the State was heard. On due consideration of the submissions of the learned counsel for the applicant and the documents placed on record regarding depositions of the prosecutrix, without expressing any opinion on merits of the case, the bail application filed on behalf of the applicant (Akshay S/o. Satyanarayan Pal) is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one local 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 he shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Signature Not VerifiedDigitally signed by SAN SHAILESHA copy of this order be sent to the concerned trial court for its MAHADEV SUKHDEVE Date: 2021.08.16 18:25:25 IST 2 MCRC-40492-2021 compliance.
Accordingly, the bail application stands allowed and disposed of. C.c. as per rules.
(SHAILENDRA SHUKLA) JUDGE SS/-
Signature Not Verified VerifiedDigitally Digitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.08.16 18:25:25 IST