Madhya Pradesh High Court
Kalu Muda vs The State Of Madhya Pradesh on 5 February, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.3561/2018
Jabalpur, 05.02.2018
Shri B. J. Chourasia, learned counsel for the applicant.
Shri S. D. Khan, Public Prosecutor for the respondent
State.
Case diary is available.
Heard the learned counsel for the parties. This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 13.01.2018 in connection with Crime No.64/2016 registered by Police Station Damoh Dehat, District Damoh for offence punishable under Sections 363, 366, 376/34 of IPC and Section 5/6 of the POCSO Act 2012.
It is submitted by counsel for the applicant that according to the prosecution case the applicant had facilitated the co-accused Manoj Muda for taking the prosecutrix on a motorcycle. So far as the allegations of rape are concerned, the same are against the co- accused Manoj Muda. It is submitted by counsel for the applicant that the applicant has been falsely implicated merely because he is the brother of the co-accused Manoj Muda. He is in jail from 13.01.2018. The trial is likely to take sufficiently long time. There is no possibility of his absconding or tampering with the prosecution case.
Per contra, the counsel for the respondent vehemently opposed the application.
Considering the facts and circumstances of the case, period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
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.
(G. S. AHLUWALIA) JUDGE Loretta Digitally signed by LORETTA RAJ Date: 2018.02.06 14:03:17 +05'30'