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Judgment
Shailendra Shukla, J
This is 2nd bail application under Section 439 of Cr.P.C. for grant of bail. The applicant, who is implicated in Crime No.144/2020 registered at Police Station - Bori District Alirajpur for the offence punishable under Sections 363, 366, 376(2)(n), 376(2)(k) of IPC and under Section 5(L)/6 of POCSO Act. The applicant is in custody since 06.12.2020.
Earlier bail application was dismissed on merits vide order dated 23.04.2021.
Learned counsel for the applicant drawn court's attention towards the deposition of the prosecutrix in which she has turned hostile. The prosecutrix, in her statements has denied that she was subjected to rape by the accused. On these grounds, bail has been sought.
Learned counsel for the State was also heard who opposed the bail application.
Perused the case diary.
Considering the facts and circumstances of the case and the arguments mainly made by learned counsel for the applicant, 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.
C.c as per rules.