Anil vs State Of Madhya Pradesh And Others

Rajendra Kumar (Verma), J

This is second application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.

T h e applicant is facing trial in connection with Crime No.167/2021 registered at Police Station Garoth, District Mandsaur for offence under Sections 363,366,376(2)(N),376(3) of IPC, Section 3/4(2), 5(L)/6 of the

Protection of Children from Sexual Offences Act, 2012. The applicant is in jail since 16.04.2021.

His first bail application was dismissed as withdrawn with liberty to revive the prayer after recording of statement of the prosecutrix before the trial Court vide order dated 09.02.2022 in M.Cr.C.No.53073/2021.

As per prosecution story, the allegation against the applicant is that he on the pretext of marriage took the prosecutrix alongwith him and committed rape upon her. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The prosecutrix as well as her parents have been examined before the trial Court and they have turned hostile and did not support the prosecution story. The applicant is in custody since 16.04.2021 and conclusion of trial will take sufficient long time. The applicant has no criminal antecedents. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned counsel for the State has opposed the application and prayed for its rejection, but fairly submits that the applicant has no criminal antecedents.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.