Himmat Singh vs State Of Madhya Pradesh

This is repeat (second) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 7/2020, registered at Police Station-

Pipalrawa, District-Dewas, for commission of the offences under Section 354 of the IPC alongwith Section 7/8 of the Protection of Children from

Sexual Offences Act, 2012.

As per prosecution story, it is alleged that applicant caught hold the shoulder of the victim and kissed her on chest.

Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present crime. The applicant is in custody since

09/01/2020. Investigation is over and charge-sheet has been filed. The victim and her grand-father have also been examined before the trial Court. In

paragraph 2 of the cross-examination, the victim (PW 1) has accepted that if her grand-father and uncle would not have told her to given statement

against the applicant about the alleged incident, she would not have narrated the incident. It appears from the court statement of the victim, the place

where the alleged incident has occurred a busy place and there are neighbours living next to the house of the applicant. It is also submitted that the

victim's grand-father was keep grudge with the applicant as on earlier occasion applicant had asked for an explanation from the complainant regarding

expenditure incurred by him on a temple, therefore, the applicant has been falsely roped in the present crime by the victim on the strength of the

complainant. It is further submitted that that the alleged incident has occurred is evening at 5:00 p.m., admittedly where people are coming and going

and no one has witnessed the incident, which also shows that a false story has been cooked by the complainant and the victim has been used as a tool.

There is no possibility of absconsion or tempering with the evidence, if the applicant be released on bail. Conclusion of trial will take considerable time.

Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant

be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide

by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.