Jitendra vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the record.

This first bail 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.262/2023, registered at Police Station-Nahargher, District-Mandsaur (MP) for offence punishable under Sections 363, 366, 376(2)(N), 368 of Indian Penal Code, 1860 and 5(L)/6 of Protection of Children from Sexual Offences Act. The applicant is in custody since 28.07.2023.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. As per statement of the prosecturix recorded under Section 164 of the Cr.P.C, she has not supported the case of prosecution. She seems to be a consenting party. She has also gone to Ujjain, Mathura etc places with the applicant. The applicant is in jail since 28.07.2023 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.

Learned Panel lawyer 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.