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Judgment
Nandita Dubey, J
This is the repeat (second) application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. First application M.Cr.C. No. 26196/2022 was dismissed as withdrawn vide order dated 27.06.2022.
The applicant is in custody since 28.04.2022 in connection with Crime No.28/2022 registered at P.S.Mahila Thana Sagar, District Sagar (M.P.) for the offence punishable under Sections 376, 376(2)(n) of I.P.C. and Section 67, 67A of I.T. Act
The allegation against the present applicant is that he committed sexual relationship with the prosecutrix on the false promise of marriage and thereafter refused to marry her.
Learned counsel for the applicant submits that applicant is ready to marry the prosecutrix and also filed an affidavit in this regard, which has been verified by the counsel for the prosecutrix. He also submits that the applicant and prosecutrix are ready to marry, under such circumstances, he has no objection if bail is granted to the present applicant.
Considering the affidavit and the submissions of learned counsel for the prosecutrix, this application is allowed
It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
This bail is subject to the condition that the applicant would marry the prosecutrix during the period of Navratri. In case, if he does not fulfill the above condition, the bail will automatically stand cancelled and the police authorities will be at liberty to arrest him.
Certified copy as per rules.