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Judgment
Vivek Rusia, J
This is the second application filed under section 439 Cr.P.C seeking bail in connection with Crime No.44/2021 registered at Police station - Leema Chouhan District - Rajgarh for the offence punishable under section 354, 354 (A), 354 (D), 506 of I.P.C. The applicant is in custody since 28.02.2021.
First bail application of the applicant bearing M.Cr.C.No.25511/2021 was dismissed as withdrawn vide order dated 16.06.2021 granting liberty to renew his prayer after recording the court statement of the prosecutrix.
As per prosecution story, the prosecutrix (PW-2) lodged an FIR against the applicant alleging that he caught hold her hand with intent to outrage her modesty and at that time she was aged about 15 years.
Learned counsel for the applicant submits that first bail application of the applicant was dismissed as withdrawn with liberty to renew his prayer after recording the Court statement of the prosecutrix. Now the prosecutrix has been examined before the trial court in which she has admitted that she was beaten by his parents and under their pressure she lodged an FIR against the applicant. She was cross-examined by the AGP in which she has not made any allegation against the applicant. Hence, applicant may be released on bail.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.