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Devnarayan @ Devkran vs The State Of Madhya Pradesh on 8 May, 2018

(Devnarayan @ Devkaran vs. State of M.P.)

Indore, Dated: 08.05.2018
Shri Rakesh Sharma, learned counsel for the applicant.
Shri Peyush Jain, learned Public Prosecutor for the

This is first application under Section 439 of Cr.P.C. for
grant of bail on behalf of the applicant. The applicant is in jail
since 24.12.2017 in connection with Crime No.190/2017
registered at Police Station- Gautampura, District- Indore for
offence punishable under Sections 363, 366, 377 and 511 IPC
Sections 3, 18, 9(M)/10 of Protection of Children from Sexual
Offences Act, 2012.

As per prosecution story, the applicant cajoled a young
boy of seven years in a park under the pretext of facilitating for
holding the pigeon and took into a lonely place, where tried to
strip out his underwear and exposed his private part. The boy
somehow managed to run away and started shouting.
Accordingly, the case has been registered against the applicant.
Investigation is complete and challan has been filed.

Learned counsel for the applicant submits that the
applicant is innocent and he has been falsely implicated in the
offence. He further submits that the applicant is sole bread earner
of the family and, therefore, if he is under detention, the family
shall be on the verge of starvation. Therefore, counsel prays that
the applicant be enlarged on bail.

Learned Public Prosecutor for the respondent/State
supported the order impugned and opposed the bail application
with the contention that there is one more case against the
(Devnarayan @ Devkaran vs. State of M.P.)

applicant under section 354 IPC, hence, he is a habitual offender
and prays for rejection of the bail application.

Having perused the case-diary, submission advanced and
looking to the period of five months incarceration in jail, but
without commenting on merits of the case, in the opinion of this
Court, the applicant deserves to be enlarged on bail. Accordingly,
the application is hereby allowed. It is directed that the applicant
be enlarged on bail subject to his furnishing personal bond in the
sum of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent
surety in the like amount to the satisfaction of the trial Court
during trial with a condition that he shall remain present before
the Court concerned during trial and also comply with the
conditions enumerated under Section 437 (3) of Cr.P.C.

The applicant will also report to concerned Police Station
on every 2nd and 4th Saturday between 10:00 to 12:00 p.m. and
shall not leave Indore District without the permission of the
S.H.O. till the pendency of the trial. Violation of any of the
conditions shall lead to cancellation of bail.

A copy of this order be sent to the concerned trial Court for
necessary compliance.

Certified copy as per rules.

(Rohit Arya)

Digitally signed by
Kafeel Ahmed Ansari
Date: 2018.05.08
17:43:38 +05’30’

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