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Judgment
Atul Sreedharan, J
Advocates are abstaining from court work on account of call given by the State Bar Council.
This is second application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant in connection with Crime No.452/2022 for the offence punishable under Sections 376, 323 and 506 of IPC, registered at Police Station Madhoganj District Gwalior (M.P.)
Applicant is in judicial custody since 28/10/2022 in the aforesaid case. First application was dismissed as withdrawn with the liberty to file afresh in the month of November, 2023 or after statement of the prosecutrix is recorded, which ever is earlier. The statement of the prosecutrix was recorded on 14/03/2023 before the Trial Court and she has totally turned hostile before the
Trial Court, therefore, present application has been preferred. Statement of the prosecutrix reveals that she was in a romantic relationship with the applicant herein and wanted to marry with him which was opposed by her parents. therefore, false FIR has been lodged against the applicant herein.
Learned counsel for the State while opposing the application for grant of bail has said that in the MLC report there are several injuries. Indeed, MLC reveals that as may as six injuries which are of minor nature in the form of abrasions and contusions. As far as the same is concerned, prosecutrix in her cross examination by the defence says that said injuries were received by her during a scuffle with her aunt and not account of anything done by the applicant. She absolves the applicant altogether and says that applicant has not done anything to her and there is no criminal antecedents.
Under the circumstances, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
Certified copy as per rules.