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Judgment
7 paragraphs · 390 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicant's II bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.452/2022 registered at Police Station-NEEMUCH CITY, DIST.-NEEMUCH(MP) for offence punishable under Sections 384, 376,506,34 of Indian Penal Code, 1860 and section 3/4 of the Protection of Children from Sexual Offence Act 2012. The applicant is in custody since 02.11.2022. His first bail application was dismissed as withdrawn by this Court passed in MCRC.No.39205 of 2023 on 12.9.2023 with liberty to renew his prayer after the prosecutrix is examined in the trial Court.
Counsel for the applicant has submitted that the prosecutrix and her mother have already been examined in the trial Court and have not supported the case of the prosecution. Copies of their deposition is also placed on record. It is further submitted that there is no other material available on record which may suggest that the applicant committed rape on the prosecutrix. The applicant is lodged in jail since 02.11.2022. and as of now more than one year of incarceration. Thus, it is submitted that as final conclusion of the trial is likely to take a long time, the applicant be released on bail.
Counsel for the respondent / State has opposed the prayer.
5 . O n due consideration of submissions and on perusal of the case diary, taking note of the fact that the proecutrix has not supported the case of the prosecution and the applicant is lodged in jail since 02.11.2022 and final conclusion of the trial is likely to take a long time, this Court is inclined to allow the present bail application.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to b e released on bail upon furnishing a personal bond in the in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.