SUGAN BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.418/2021 registered at Police Station Â" Bagli, District Dewas for the offences registered under Ss. 368, 363, 376(2)(N) of the IPC and 5(L)/6 of the POCSO Act. The applicant is in custody since 6/8/2021.

(2.) Learned counsel for the applicant submits that the first application was withdrawn on 23/10/2021. The present second bail application is filed after recording of statement of prosecutrix (PW1) on 26/10/2021. The prosecutrix has turned hostile. No useful purpose would be served in keeping the applicant in custody. The applicant has no criminal record. On this basis, bail is prayed for the applicant who is a house wife.

(3.) By applying the principle of parity and without expressing any opinion upon the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.