Anand vs The State Of Madhya Pradesh
2021 Latest Caselaw 7587 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.54862/2021 Anand vs. State of M.P and Anr.

Gwalior, Dated :18.11.2021

Shri Vipin Babu Sharma, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This fifth application under Section 439 of Cr.P.C. has been

filed for grant of bail. Previous application was dismissed by order

dated 03.09.2021 passed in M.Cr.C. No. 42262/2021.

The applicant has been arrested on 30.01.2021 in connection

with Crime No.47/2021 registered at Police Station Dehat

Ganjbasoda Distt. Vidisha for offence under Sections 506 of IPC and

under Sections 7/8, 9 M/10 of Protection of Children from Sexual

Offence Act.

It is submitted by the counsel for the applicant that the

applicant had touched the private parts of the minor victim by

inserting his hands in his pants. The victim has been examined and he

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 the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the evidence of

the victim, it is submitted that he has turned hostile and has not

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.54862/2021 Anand vs. State of M.P and Anr.

supported the prosecution case.

Considering the facts and circumstances of the case, 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) 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 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 and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b5 10cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E2 8EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D3 42048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.18 17:15:46 -08'00'