Nanji vs State Of Madhya Pradesh

S.K. Awasthi, J

Ms. Priyanka Raj Pawar, Public Prosecutor for the respondent/State. This is second repeat application under Section 439 of the Cr.P.C., for grant of

bail in connection with Crime No.216/2019 registered at Police Station- D.D. Nagar, District-Ratlam for commission of the offence punishable under

Section 366, 376 (2) (N), 376 (D) & 506 of I.P.C.

As per prosecution case, the present applicant was accompanied with the main accused Rakesh when he abducted the prosecutrix.

Learned counsel for the applicant has submitted that applicant is innocent and he has falsely implicated in the present crime. It is further submitted that

there is no allegation against the applicant regarding commission of rape with the prosecutrix. The said allegation is against the co-accused Rakesh.

The only allegation against the applicant that he was accompanied with the Rakesh when he abducted the prosecutrix. If the allegation made against

the applicant is accepted in this case at the most offence u/S.366 of IPC is made out against him. It is further submitted that main accused Rakesh has

already been granted bail by this Court on 11.02.2020 passed in M.Cr.C. No.6039/2020. The applicant is in custody since 14.07.2020. Investigation is

over, charge sheet has been filed. Looking to the fact that applicant was absconded from the date of incident, his earlier application was dismissed on

07.09.2020 passed in M.Cr.C. No.27055/2020 granting liberty to the applicant to renew his prayer after completion of three months from today. Now,

the aforesaid period has been over.Conclusion of trial will take sufficient long time. In these circumstances, learned counsel for the applicant prays for

grant of bail to the applicant.

Learned Panel Lawyer for the respondent / State submits that no sufficient ground is made out for releasing the applicant on bail, hence the

application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but 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 in 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) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.