Judgment:
M.Cr.C.No.1697/2013 13.3.2013 Shri Manish Datt, Sr.Counsel with Shri Pushpendra Dubey, Advocate for the applicant.
Shri Chandrakant Mishra, PL for the State.
This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.
The applicant is in custody since 30.1.2013 in connection with Crime No.53/2013 registered at P.S.Piplani, District Bhopal for the offence punishable under sections 363, 366A, 368, 372, 376 of the IPC and Sections 5 & 6 of the Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.
He is not the main accused.
As per prosecution, nothing is alleged against the applicant in regard to commission of rape on the prosecutrix or that applicant was involved in alleged sale of the prosecutrix.
The only allegation against the applicant is that at one point of time, he outraged the modesty of the prosecutrix, thus, at the most it would be a case under Section 354 of the IPC against the applicant.
The applicant is a student of B.E.If he remains in custody for long period, his future will be spoiled.
The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties, nature of allegation against the applicant and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge PB