Abhishek @ Gabbar vs State Of M.P

Prakash Shrivastava, J

This is an application made by the applicant (Abhishek @ Gabbar) under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicant is facing trial for offence punishable under Section 363, 366, 376(2)(N) of the IPC and Section 5(L), 6 of POCSO Act registered with Police Station Shujalpur Mandi, District Shajapur, in Crime no.202/2021.

Learned counsel for the applicant submits that the prosecutrix had willingly accompanied the co-accused Satish and the present applicant. He also submits that the main allegations are against the co-accused Satish and that there is no allegation of commission of rape as against the present applicant. In this regard, he has referred to the statement of prosecutrix recorded under Section 164 of Cr.P.C. He has also submitted that the prosecutrix has been examined in the Court on 16/08/2021 and she has not supported the prosecution case and thereafter nothing remains to connect the applicant with the alleged offence. He also submits that the applicant is in custody since 04/07/2021 and the trial is likely to take time.

Learned counsel for the State has opposed the application for grant of bail.

On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

Certified copy as per rules.