Chandan vs State Of Madhya Pradesh

This is repeat (third) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 564/2017, registered at Police Station-Vijaynagar, District-Indore, for commission of the offences under Sections 363, 366(A) and 376(2)(i)(n) of the IPC alongwith Section 5(l)(m)/6 of Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, it is alleged that the applicant abducted the prosecutrix and committed rape upon her.

Learned counsel for the applicant submitted that the applicant is a youth of 25 years and he has not committed any offence. The applicant is in custody since 17/11/2017. Investigation is over and charge-sheet has been filed. First application of the applicant was dismissed as withdrawn by this Court, vide order dated 14/01/2019 passed in M.Cr.C. No. 1568/2019 and the trial Court is directed to expedite the trial. Thereafter, second application of the applicant was also dismissed by this Court, vide order dated 03/05/2019 passed in M.Cr.C. No. 16873/2019 granting liberty to renew his prayer if the prosecutrix has not been examined before the trial Court within a period of six months from the date of receipt of certified copy of this order and the certified copy of the aforesaid order has been supplied to the trial Court on 10/05/2019 and till today i.e. after completion of more than six months, the prosecutrix has not been examined before the trial Court. Although, the parents of the prosecutrix have already been examined before the trial Court and they have not supported the prosecution case and turned hostile . Even after issuance of bailable warrant and non-bailable warrant by the trial Court, the prosecutrix is not appeared before the trial court, which clearly shows that she is deliberately avoiding her appearance before the trial Court for recording her evidence, therefore, there is no possibility of early conclusion of the trial and the applicant cannot be kept in custody unnecessarily. Under these change of circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

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 on his furnishing a personal bond in the sum of Rs.60,000/-(Rupees Sixty Thousand only) with one solvent surety of 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 court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.