AI Structured Summary
Not yet generated for this judgment
Judgment
Anjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 27.2.2021 in connection with Crime No.40/2021 registered at P.S. Orchha Road, District Chhatarpur for the offences punishable under Sections 363, 366 of the IPC.
As per prosecution, it is alleged against the applicant that he abducted and took the prosecutrix to Delhi, whose age was below 16 years at the time of the incident, under the false promise of marriage.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is in custody and trial would take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the application.
Considering the overall facts and circumstances of the case, nature of offence alleged against the applicant and period of his custody, I deem i t appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Arjun Ahirwar shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Corona virus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Disposed of accordingly.