VISHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers.

(2.) This is the applicant's second bail application under Sec. 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.568/2022 registered at Police Station-Y.D. Nagar, District- Mandsaur (MP) for offence punishable under Ss. 354(a), 354(d), 376 and 506 of the I.P.C. The applicant is in custody since 26/12/2022. Applicant's first bail application-M.Cr.C.No.7109/2023 was dismissed by this Court vide order dtd. 13/2/2023 as withdrawn. Counsel for the applicant has submitted that subsequently the prosecutrix has been examined in the trial court and has not supported the case of the prosecution and has turned hostile in the court. It is further submitted that the charge sheet has already been filed; the applicant is lodged in jail since 26/12/2022 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is prayed that the bail application be allowed.

(3.) Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that the prosecutrix has turned hostile in the trial court. On due consideration of submissions and on perusal of the case diary as also considering the fact that the prosecutrix has not supported the case of the prosecution, this Court finds it expedient to allow the present application. Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed.