Raja @ Rajesh S/O Ghisulal vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.244/2020 registered at Police Station Moman Barodiya, District Shajapur (MP) for offence punishable under Sections 363, 366 and 376 (2) (N) of Indian Penal Code, 1860 and also under Section 5 (L) read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 25.10.2020.

The allegation against the applicant is one of abduction and rape with the prosecutrix on the pretext of marriage.

Counsel for the applicant has submitted that the applicant is in jail since 25.10.2020 and the prosecutrix has already been examined before the trial Court as PW-2 (certified copy of her deposition has also been placed on record) and it is submitted that she has not supported the case of the prosecution.

It is further submitted that the final conclusion of the trial is likely to take sufficiently long time. Thus, it is submitted that the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

On due consideration of the rival submissions and perusal of the case diary as also the statement of the prosecutrix, this Court finds that she has not supported the case of the prosecution.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby 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 / 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.

It is also observed that after his release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically 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.