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Judgment
10 paragraphs · 398 wordsPrem Narayan Singh, J
Heard and perused the case-diary.
This is the third application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with FIR / Crime No.05/2024 registered at Police Station - Khujner, District - Rajgad, for commission of offences punishable under Sections 376, 450, 506-II of the Indian Penal Code, 1860 and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, 3(1)(w)(ii), 3(2)(v) of SC/ST (PA) Act 1989. The applicant is in custody since 15.01.2024.
The allegation against the present applicant is of abduction and commission of rape.
3 . Learned counsel for the applicant submits that in this case the statements of prosecutrix, her mother and brother have been recorded, they have not supported the prosecution story and have also been declared hostile. The applicant is an innocent person and has been falsely implicated in this case. T h e applicant is in custody since 15.01.2024 i.e. more than 3 months. Therefore, application filed by the applicant may be allowed and the applicant may be enlarged on bail.
Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.
After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, third bail application under Section 439 of the Code of Criminal Procedure for grant of bail 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 o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.