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Judgment
21 paragraphs · 389 wordsSubodh Abhyankar, J
They are heard. Perused the case diary /challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is
implicated in connection with Crime No.93/2018 registered at Police Station Sondava, District Alirajpur (MP) for offence punishable under Sections
363, 366, 376(1), 376(2n)(J), 376(i), 344 of IPC and Sections 3/4, 5-L/6 of POCSO Act.
The applicant is in custody since 20.12.2019.
Counsel for the applicant has submitted that the prosecutrix has already been examined in the Trial Court and has not supported the prosecution case.
Her deposition is also placed on record. Applicant is in jail since 20.12.2019. Investigation is complete. Charge-sheet has been filed. Final conclusion
of trial is likely to take sufficient long time. Therefore, the applicant be released on bail.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
On due consideration of submissions and on perusal of the case-diary as also the deposition of the prosecutrix; wherein she has not supported the case
of the prosecution, taking note of the fact that the applicant is in jail since 20.12.2019 and the final conclusion of the trial is likely to take sufficient long
time so also the fresh spread of Covid-19, this Court finds it expedient to allow the present bail application.
Accordingly, 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 furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) 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) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
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.