VIRU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C.for grant of bail to the applicant, as he has been arrested on 24/4/2023 in connection with Crime No.65/2020 registered at P.S., Sardarpur, District Dhar (M.P.) for commission of offence punishable under Ss. 354, 354A, 323 of IPC and under Sec. 7/8 of the Protection of Children from Sexual Offences Act. Learned counsel for the applicant submits that earlier applicant was on bail and during pendency of the trial, the case was transferred to Special Court, Sardarpur, but the same was not intimated to the applicant by his counsel, therefore, he could not appear before the trial Court. His absence is not intentional. The applicant is in custody since 24/4/2023. Conclusion of the trial will take time. In the aforesaid circumstances, applicant is entitled for grant of bail. Per contra, learned Govt.Advocate appearing for the respondent/State has opposed the prayer.

(2.) Having considered the rival submissions, nature of allegations alleged against the applicant, this Court is of the view that applicant deserves to be enlarged on bail. Hence, without commenting anything on merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs. 50,000.00 (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Sec. 437(3) of Criminal Procedure Code, 1973.

(3.) This application is allowed and stands disposed of. C.c.as per rules.