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Judgment
Vivek Rusia, J
This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 directly before this court invoking the concurrent jurisdiction of this court. The applicant is apprehending his arrest in connection with Crime No.186/2022, registered at Police Station–Gautampura, Tehsil-Depalpura, District–Khargone, against him for the offences punishable under Sections 376-D of the IPC and sections 3(1) of POCSO Act., 2012.
Apart from other grounds, the applicant is seeking ad- interim bail on the ground that he being an elected corporater is willing to participate in the elections of President and Vice President Nagar Parishad Gautampura which is scheduled on 12.08.2022.
Shri Kamal Kumar Tiwari learned Govt. Advocate appearing on behalf of the respondent/State submits that in the case of POCSO the service of notice to the prosecutrix is mandatory and from the face of it the charges are serious therefore, no case is made out for grant of ad-interim bail. It is further submitted by the learned Government Advocate that the applicant has wrongly filed this M.Cr.C. before this court directly without approaching the competent court.
I have heard Shri Bagadiya senior counsel with Ms Kirti Dubey learned counsel for the applicant and Shri Tiwari learned Government Advocate.
After an argument at length Shri Bagadiya senior counsel prays for withdrawal of this bail application with liberty to surrender before the concerned police station. Learned senior advocate submits that if the police arrest him and send him to custody then he be permitted to cast the vote in the election of President and Vice President scheduled on 12.08.2022 in the police custody.
Shri Kamal Kumar Tiwari learned Government Advocate has no objection to this limited prayer.
Hence, this M.Cr.C. is disposed of with the liberty to the applicant to surrender at the concerned police station on or before 10 A.M. on 12.08.2022 then he shall be at liberty to cast the vote. In case of surrender at the given date and time the Superintendent of Police, (Rural) Indore / Station House Officer of police station Goutampura is directed to take him to the Nagar Parishad Goutampura to participate in elections proceedings scheduled on 12.08.2022 between 10.00 AM to 5:30 PM in proper police custody.
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