Sanjay vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.01/2020 registered at Police Station Tarana, District Ujjain (MP) for offence punishable under Sections 354 and 506 of the Indian Penal Code,

1860 and also under Section 7 read with Section 8 of the Protection of Children from Sexual Offence Act, 2012.

As per prosecution case, on the basis of the allegations made by the victim regarding criminal intimidation and criminal force with intent to outrage her

modesty, the present case has been registered against the applicant.

Learned counsel for the applicant has submitted that the applicant is a young boy aged about 19 years and he has not committed any offence. It is

further submitted that according to statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973, it appears that she

was having love affair with the applicant, although she deposed that the applicant caught hold her hand. However, it is not reflected from her

statement that the applicant caught hold her hand with intent to outrage her modesty. The applicant is in custody since 28.01.2020. The investigation is

over and charge sheet has already been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for

the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is

made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, 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 upon his / her 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 trial Court, for his / her

regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and

shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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.