Bablu vs State Of M.P

Shailendra Shukla, J

Submissions were made on second 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, 1860 and

under Section 5L/6, 5J(ii) of POCSO Act, 2012. The applicant is in custody since 19/12/2020.

Learned counsel for the applicant has submitted that earlier temporary bail for a period of 2 months has been granted by this Court on 16/06/2021. The

prosecutrix has not been examined till date and the trial Court has fixed the date as 16/08/2021 i.e. the date when the applicant would have to

surrender. Learned counsel submits that there was no reason for the trial Court to assign the date as 16/08/2021 because as per the mandate of

POCSO Act, prosecutrix has to be examined within a period of 30 days. Hence bail has been sought on these grounds.

Learned Public Prosecutor for the State was heard who opposed the bail application.

On due consideration of the submissions made by learned counsel for the parties, this Court finds that there being substance submissions specially

those advanced by counsel for the applicant, hence it is directed to the trial Court that the prosecutrix must be examined within a period of 30 days

from the date of receipt of certified copy of this order. The applicant shall have liberty to renew his prayer after examination of the prosecutrix.

Copy of this order be dispatched to the trial Court today itself. M.Cr.C. No.40027/2021 stands disposed of with the aforesaid directions.

Certificate copy, as per Rules.