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High CourtsSingle Bench(2023) 06 MP CK 0103

Ajay vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 28 June 2023

HON’BLE JUDGES
Prem Narayan Singh, J
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 27413 Of 2023

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Judgment

10 paragraphs · 356 words

Prem Narayan Singh, J

Heard.

This is first bail application filed under Section 439 of the Cr.P.C by the appilcant for grant of bail. The appilcant is being implicated in crime No.211/2020, registered at police station Rau, District Indore, for commission of offence punishable under Section 363, 366, 376(2) (N) of IPC and under 3/4, 5(L)/6 of POCSO Act.

The allegation against the applicant is that he has committed rape upon the prosecutrix and after lodging of the complaint he has been in jail since 12.12.2022. The age of the prosecutrix is approximately 16 years.

Apart from this, learned counsel for the applicant submits that the applicant is suffering from serious illness in jail and, therefore, he may be released on bail for temporary period of 15 days.

Learned Govt. Advocate for the State as well as learned counsel for the objector have opposed the bail application submitting that they have no knowledge of illness of the applicant.

In view of the aforesaid discussion, looking to the fact that at the time of incident the age of the prosecutrix was less than 16 years, I feel it not fit case for grant of bail but in view of the illness of the applicant, I deem it fit and proper to grant temporary bail to the applicant for a period of 15 (fifteen) days from the date of his release. It is directed that the applicant shall be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned trial Court for a period of 15 (fifteen) days from the date of his release. The applicant shall surrender before the trial court on the very next day upon completion of the period of 15 days, failing which he shall be arrested by the Police and be put to face the trial in accordance with the law.

Present M.Cr.C. is accordingly allowed in part and disposed off.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.