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Judgment
Shailendra Shukla, J
Submissions were made on bail application filed under Section 439 of Cr.P.C. The applicant is being implicated in Crime No.281/2020, registered at
police station Raoti, district Ratlam, for the offence punishable under Sections 363, 376(3), 376(2)(N), 506, 376DA of IPC and under Section 5L/6,
5J(ii) of POCSO Act. He is in custody since 19.12.2020.
As per prosecution story, on 1.9.2020, the minor prosecutrix while at her home, the applicant came on motorcycle at about 1.00 AM in the night and
asked for a water. When the prosecutrix came to give him water, he kidnapped her, made her to sit on motorcycle and took her to Chittorgarh where
he continued to commit rape with her. On 27.10.2020 she was recovered.
Learned counsel for the applicant has drawn Court's attention to the order of the trial Court dated 4.6.2021 wherein the affidavit executed by father
and grandfather of the prosecutrix has been shown to have been filed in which no objection against grant of bail has been mentioned.
Learned counsel for the applicant prays that the trial are stalled in the Court below and temporary bail be granted in view of trials having been stalled
on account of Corona pandemic.
Learned Panel Lawyer for the State was heard who opposed the bail application.
After due consideration, without expressing any opinion on merits of the case, a case is made out for grant of temporary bail to the present applicant
and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one local solvent surety in the like amount to the be
released on bail temporarily for a period of sixty days from the date of his release. He is directed to surrender himself before the concerned trial Court
after the expiry of sixty days, from the date of his release. In case applicant fails to surrender himself before the concerned trial Court, after the
expiry of the aforesaid period of sixty days from the date of his release, then the respondent shall be at liberty to arrest him in accordance with law.
With the aforesaid, the bail application stands disposed of in above terms.
A copy of this order be sent to the concerned trial court for its compliance.
C.c. as per rules.