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Judgment
Shailendra Shukla, J
This is second bail application filed by the applicant â€" Rambabu under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in
connection with Crime No.449/2020 registered at Police-Stationâ€"Narsinghgarh, District-Rajgarh (MP) for the offence punishable under Sections
354, 354(D), 323, 506 of Indian Penal Code, 1860 and Sections 7, 8, 11 and 12 of Protection of Children From Sexual Offences Act, 2012.
The first bail application was dismissed as withdrawn vide order dated 07.11.2020.
The prosecution story in short was that while prosecutrix was returning from Well, the applicant had pulled her hair and later on caught hold her
shoulder with malafide intention and also scratched her when she try to escape from the spot. Consequently, case under Sections 354, 354(D), 323,
506 of Indian Penal Code and Sections 7, 8, 11 and 12 of Protection of Children From Sexual Offences Act, was registered against the present
applicant.
Learned counsel for the applicant has filed the deposition sheets of prosecutrix which is placed on record. The prosecutrix has turned hostile. She has
stated that the applicant had slapped her when she asked the applicant and other co-accused persons as to why they were indulging in altercation with
her brother. After declaring hostile, she denies the prosecution story and at no point of time she corroborates the same. The applicant is in jail since
15.09.2020 and the conclusion of trial would take considerably long time. With these submissions, learned counsel prays for grant of bail to present
applicant.
Learned counsel for the non-applicant/State was also heard and has opposed the bail application.
Considered.
After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant,
without making any opinion on merits of the case, the application filed by the applicantâ€"Rambabu 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) with one local solvent surety of the like amount to the
satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall
remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of
Criminal Procedure, 1973.
Let a copy of this order be sent to the Court concerned for compliance. Miscellaneous Criminal Case No.4137 of 2021 stands allowed and is disposed
of in above terms.
Certified copy as per Rules.