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Judgment
Deepak Kumar Agarwal, J
This is the third repeat application u/S.439 Cr.P.C filed by the applicant for grant of bail. First application filed by the applicant was dismissed on merits by this Court by order dated 23.03.2023 passed in M.Cr.C. No.10236/2023. Second application file by the applicant was dismissed as withdrawn by order dated 09.05.2023 passed by this Court in M.Cr.C. No. 18126/2023.
Applicant has been arrested on 17.02.2023 by Police Station Dehat, District Bhind (M.P.) in connection with Crime No.57 of 2019 for the offence punishable under Sections 328, 326, 342, 506/34 of IPC.
According to prosecution case, on 05.02.2019 at 7:30 pm complainant Kamal Shakya lodged an FIR at Police Station Bhind Dehat District Bhind against present applicant accused and co-accused Sikandar Kinnar that he used to set up a cart of refreshment at Santosh Nagar. In June 2018 accused persons came there and offered him to come with them, he would get handsome amount. He had gone with them. They took him at their house at Santosh Nagar and kept him for two months. After two months, they by consuming him intoxicated substance, underwent operation of his penis and became him eunuch. After three-four days when he became conscious, he found stitches at his private part. On his report, aforesaid offence was registered against present applicant.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case. Applicant is in custody since 17.02.2023. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is no more required. It is further submitted that report has been lodged after more than seven months and witnesses are not turning up to adduce their evidence. He undertakes to cooperate in trial. Conclusion of trial will take some time. On such premises, counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Both the Advocates are heard. Case-diary as well as charge sheet perused.
Looking to the aforesaid facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.
Application stands allowed and disposed of.
Certified copy as per rules.