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Judgment
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 08.01.2020, in
connection with Crime No.02/2020, registered at Police Station Mihona, District Bhind (MP), for the offence punishable under Sections 452, 376-D,
506 of IPC and Section 3/4 of POCSO Act.
It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 08.01.2020. It
is further submitted that allegation contains occurrence of events some months back and thereafter, complaint has been made which indicates the
nature of allegation. Even otherwise, apparently, both the parties wanted to marry but because of their same Gotra families objected, therefore, case
has been registered. Applicant does not bear any criminal record. Confinement amounts to pretrial detention. He undertakes to cooperate in the
investigation/trial and make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecution
witnesses in any manner. He would not move in the vicinity of complainant. He further undertakes to do some community service to purge his
misdeeds by ways of planting saplings. Under these grounds, he prayed for grant of bail to the applicant.
Learned PP for the State opposed the prayer made by the applicant and prayed for dismissal of this application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on
merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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 the concerned trial Court.
This order will remain operative subject to compliance of the following conditions:-
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