Kalyan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8193 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC-58469-2021
                   Kalyan Vs. State of M.P.

Gwalior, Dated : 03.12.2021

      Shri M.L.Yadav, Counsel for the applicant.

      Shri Nitin Goyal, Counsel for the State.

      Case diary is available.

      This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second bail application was dismissed by order

dated 11.06.2021 passed in M.Cr.C. No.27926/2021 with liberty to

the applicant to revive the prayer after examination of prosecutrix.

      The applicant has been arrested on 13/01/2021 in connection

with Crime No.759/2020 registered by Police Station Kotwali,

District Ashok Nagar for offence punishable under Sections 363, 354

of IPC and under Section 7/8 of the POCSO Act.

      It is submitted by Counsel for the applicant that after rejection

of previous bail application, the prosecutrix has been examined and

she has not supported the prosecution case. At present there is no

substantive evidence against the applicant. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State. However, after going through the deposition-sheets

of the evidence of prosecutrix, it fairly conceded that she has turned

hostile.

THE HIGH COURT OF MADHYA PRADESH MCRC-58469-2021 Kalyan Vs. State of M.P.

Heard the learned counsel for the parties.

Considering the fact that the prosecutrix has not supported the

prosecution case and without commenting on the merits of the case,

the application is allowed. It is directed that the applicant be released

on bail on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac Only) with one surety in the like amount to the

satisfaction of the Trial Court/Committal Court to appear before the

Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2021.12.04 11:54:43 +05'30'