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Judgment
Vijay Kumar Shukla, J
Applicant has filed the first bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.93/2023 registered at Police-Station – Rau, District – Indore (MP) for the offence punishable under Sections 377 and 506 of Indian Penal Code, 1860 and the applicant is behind the bars since 08.02.2023.
As per prosecution case, on 07.02.2023 at around 10:33 pm, a report was lodged stating that on 06.02.2023 at 10 pm when the complainant was standing at Rau Circle the present applicant met him and asked him to come to his residence. Thereafter the complainant had gone to the residence of applicant. It is alleged that applicant had committed unnatural act with the complainant.
Counsel for the applicant submits that investigation has been completed and chargesheet has since been filed in the matter. The applicant is behind the bars since 08.02.2023 and is aged about 68 years. The conclusion of trial would take considerably long time. With these submissions, bail has been sought.
Per contra, counsel for the State was also heard who has opposed the prayer and submits that in the CCTV footage both the applicant and the complainant have been seen going towards the residence of the applicant. Hence prays for rejection of the bail application.
After hearing learned counsel for the parties and taking into consideration the fact that investigation has been completed and chargesheet has since been filed in the matter and the applicant is an old aged person, I deem it proper to allow the bail application. Accordingly, the bail application 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 like amount to the satisfaction of Trial Court for his regular appearance before the concerned Court with a condition that he shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973. Miscellaneous Criminal Case stands allowed and is disposed of.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.