Madhya Pradesh High Court
Biran Lal Ahirwar vs The State Of Madhya Pradesh on 24 October, 2018
1 MCRC-41982-2018
The High Court Of Madhya Pradesh
MCRC-41982-2018
(BIRAN LAL AHIRWAR Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 24-10-2018
Mr. Jitendra Shrivastava, learned counsel for the applicant.
Mr. A.S.Pathak, learned Govt. Advocate for respondent-State.
Heard. 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 who is in custody since 16.09.2018 in connection with Crime No.194/2018 registered at Police Station-Kundila District-Tikamgarh for the offence punishable under Sections 363, 366/34 of IPC & 11, 12 of POCSO Act.
The allegation against the applicant is that he abducted a minor girl. On this, the case has been registered against the applicant.
It is submitted on behalf of the applicant that the applicant is innocent and has been falsely implicated in the case. The applicant is in custody since 16.9.2018. The trial will take considerable time in disposal of the case. There is no likelihood of applicant absconding and tampering with the prosecution evidence. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on bail.
Learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.
In view of the facts and circumstances of the case and considering the fact that the prosecutrix has not made any allegation against the applicant with regard to sexual assault, therefore, without commenting anything on the merits of the matter, this application is allowed and it is ordered that the applicant Biran Lal Ahirwar be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying Digitally signed by NEETI TIWARI Date: 25/10/2018 04:39:18 2 MCRC-41982-2018 with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE nd Digitally signed by NEETI TIWARI Date: 25/10/2018 04:39:18