Anil S/O Ramgopal Alias Gopal Yadav vs State Of Madhya Pradesh

They are heard. Perused case diary.

This fourth application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.56/2016 registered at Police Station Chhapiheda, District Rajgarh (MP) for offence punishable under Sections 363, 366-A, 376 and 109 of the Indian Penal Code, 1860 and also under Section11 read with Section 12 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 24.05.2018.

As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Sections 363, 366-A, 376 and 109 of the Indian Penal Code, 1860 and also under Section11 read with Section 12 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is in custody since 24.05.2018. The investigation is over and charge sheet has been filed. Earlier bail applications of the applicant were dismissed granting liberty to renew his prayer after recording Court statement of the prosecutrix. Now, the prosecutrix has been examined and cross examined before the trial Court on 26.06.2019 and according to the aforesaid statement, she has not made any allegation against the applicant regarding commission of rape. The only allegation against the applicant is that he was accopanied with the co-accused Mahesh Yadav, who took the prosecutrix and committed rape upon her. At the time of commission of rape, present applicant was not present on the place of occurrence. Therefore, only offence under Sections 363 and 366 of the IPC will be made out against the applicant. The conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.