ATENDRA SINGH GURJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 8/12/2021 by Police Station-Bahodapur, District Gwalior in connection with Crime No.775/2021 registered for offence under Ss. 354, 363, 376-D of IPC and 3/4 and 7/8 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that applicant is suffering confinement since 8/12/2021 on false pretext in which allegation of rape under Sec. 376-D of IPC has been added later on. It is further submitted by counsel for the applicant that a typed complaint was filed by the prosecutrix before the police in which allegation for the offence under Sec. 354 and 363 of IPC were referred and that allegations continued in statements under Sec. 161 and 164 of Cr.P.C.. Later on in another statement under Sec. 164 of Cr.P.C., she improvised the statement and allegations of rape were added. This itself shows the nature of allegation and motive because medical report belies the allegation and no injury has been sustained by the victim. Confinement amounts to pretrial detention. Applicant does not bear any criminal record. He undertakes to cooperate in trial and shall not be a source of harassment and embarrassment to the complainant party in any manner. On these grounds, prayer for bail has been made.

(3.) Considering the submissions and the arguments advanced by counsel for the parties, without commenting on the merits of the case, this Court intends to allow the present application and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety on the like amount to the satisfaction of trial Court.