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Judgment
Anjuli Palo, J
This is the second application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is facing trial before the Court of ASJ, Junnardeo, District Chhindwara for commission of offence punishable under Sections 363, 506,
342, 376 and 366 of the IPC in connection with Crime No.134/2009 registered at P.S. Damua, District Chhindwara.
Learned counsel for the applicant submits that the applicant has been arrested on 05.07.2020 in compliance of arrest warrant issued by the trial Court.
He was absconded about 11 years, but his previous application has been dismissed as withdrawn vide order dated 05.01.2021 in M.Cr.C.
No.28370/2020 by this Court. Thereafter statement of the prosecutrix and other material witnesses have been recorded by the trial Court, in which
they have turned hostile. They have stated nothing against the applicant. The applicant is i n custody since 05.07.2020 and trial will take considerable
time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has strongly opposed the application. Looking to the facts and circumstances of the case and considering the statement of
prosecutrix and other witnesses, I deem it to be a fit case to release the applicant on bail, therefore, without commenting on the merits of the case, the
application is allowed.
It is directed that applicant Chhotelal shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty 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.