Devchand @ Devilal vs State Of Madhya Pradesh

Rajendra Kumar (Verma), J

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

The applicant is facing trial in connection with Crime No.100/2022, registered at Police Station Rawti, District Ratlam for the offence punishable under Sections 363, 366, 376(2)(n) of IPC, 1860 and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 07.05.2022.

As per prosecution story, the allegation against the applicant is that he abducted and committed rape upon the prosecutrix on the promise of marriage. On the basis of which the aforesaid crime has been registered.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The investigation is over and charge sheet has been filed. Prosecutrix has been examined before the trial Court, she has not supported the prosecution story and turned hostile. The applicant is in custody since 07.05.2022 and conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned counsel for the State has opposed the bail application and prayed for its dismissal.

I have heard learned counsel for the parties and perused the record. 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/accused 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.

I n 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.