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Judgment
Shailendra Shukla, J
This is the first bail application filed under Section 439 of Cr.P.C.
The applicant is in custody since 24.12.2020, in connection with crime No.352/2020, registered at police station Afjalpur, for the offence punishable under Sections 363, 376(3), 376(2)(n), 368, 509 of IPC and under Section 3/4, 5(L)/6 of POCSO Act.
Learned counsel for the applicant has drawn Court's attention to the evidence of prosecutrix who has turned completely hostile and has not supported the case of the prosecution of applicant having kidnapped her and having committed rape upon her. The prosecutrix is a minor girl. Her father (PW2) has also been examined. He has also turned hostile. The prosecutrix has stated that she had left her house due to some dispute with her father and a report had later on been lodged. However, there is no truth in the prosecution story as per the prosecutrix.
Heard learned Panel Lawyer for the State.
After due consideration, without expressing any opinion on merits of the case, the bail application filed on behalf of the applicant is allowed 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 satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
A copy of this order be sent to the concerned trial court for its compliance.
The bail application stands allowed and disposed of in the aforesaid C.c. as per rules.