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Judgment
Shri N.S.Raghuvanshi, Sub-Inspector/Investigating Officer present in person. He fairly submits that due to inadvertence (apparently) date has wrongly
been mentioned in the statement of father of victim under Section 161 Cr.P.C. and he apologizes for the same and undertakes not to commit the same
mistake in future.
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 30.01.2020, in
connection with Crime No.69/2020, registered at Police Station, Radhogarh, District Guna for the offence punishable under Sections 509 and 323 of
IPC and Section 11/12 of POCSO Act.
It is the submission of learned counsel for the applicant that false case has been registered against him and is suffering confinement since 30.01.2020
whereas charge-sheet has already been filed. It is further submitted that applicant does not bear any criminal record. Confinement amounts to pretrial
detention. He learnt the lesson hard way and mend his ways and would become better citizen. He undertakes to cooperate in trial and to appear
before the trial court as and when required and further undertakes that he would not be a source of harassment and embarrassment to the
complainant party in any manner and would not move in the vicinity of the complainant party. Thus, prayed for bail.
Learned Panel Lawyer for the State as well as complainant opposed the prayer and prayed for dismissal of this application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court concerned.
This order will remain operative subject to compliance of the following conditions:-
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