Bharat vs State Of Madhya Pradesh And Others

Prem Narayan Singh, J

This is III application has been filed on behalf of the applicant for grant of regular bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to FIR No.288/2023, registered at Police Station-Damnod, District-Dhar (MP) for offence punishable under Sections 363, 366-A, 376, 376(2)(n), 376(3) of Indian Penal Code, 1860 and 3/4 and 5l/6 of POCSO Act. The applicant is in custody since 09.04.2023. His first bail application has been dismissed as withdrawn with liberty to file afresh after completion of three months and second bail application has also been dismissed as withdrawn.

Allegation against the applicant, is that of abduction and commission rape with the minor prosecutrix.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. It is contended that the statement of the prosecutrix under Section 164 of CrPC has been recorded before the trial Court, wherein she has not supported the prosecution story and turned hostile. The applicant is in jail since 09.04.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having taken into consideration all the facts and circumstances of the case, custody period of the applicant and the fact conclusion of trial will take considerable time, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

It is directed that 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules..