Page no. 1 M.Cr.C. no. 8376/2011 10/11/2011 Shri Nilesh Dave, Advocate for the applicant. Shri B. L. Yadav, Dy.A.G. for the respondent – State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Uday @ Udhav heard. The applicant is involved in Crime no. 543/2011 of Police Station- Dhar registered under sections 363, 366, 376, 342, 506 of the IPC. According to the prosecution story, prosecutrix Kavita was missing from her home since 16/05/2011, hence missing person report no.38/2011 was registered. She was recovered on 12/07/2011. From her statement, it revealed that Co-accused Dinesh Balai, applicant Uday and other two persons, by Maruti Van took her to Mhow and from there by train, they went at the house of applicant Uday; there Dinesh and applicant Uday outraged her. Her ornaments were taken out by Dinesh. Thereafter, she ran away from the house of Uday and stayed with the family of Adiwasi for 10-11 days. Thereafter, they gave her Rs.50/- and then by train, she came to her house. Hence, the applicant has been arrested. It has been argued by the applicant's counsel that he has been falsely implicated in this case. On 20/07/2011, statement of the prosecutrix under section 164 of the Cr.P.C was recorded, in which she stated that she was enticed by Dinesh for marriage. Dinesh took her at the house of applicant Uday. They stayed in the hotel and Dinesh outraged her. In this way, she has not implicated the applicant. Trial will take time. Page no. 2 Hence, he should be released on bail. The respondent has opposed the bail application. Considering the circumstances and after perusal of the case diary, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs.25,000/- alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for her appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules ( I. S. Shrivastava, J. ) amol