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Judgment
9 paragraphs · 381 wordsPrem Narayan Singh, J
Heard and perused the record.
This first bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No.553/23 dated (not mentioned), registered at Police Station - Jawad, District - Neemuch (M.P.) for the offence under Sections 363, 366-A, 376(3) of IPC and Section 3/4 of POCSO Act. The applicant is in custody since 27/12/2023.
2 . Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Charge-sheet has been filed and the statement of the prosecutrix has also been recorded before the Trial Court. In her statement, the prosecutrix has not supported the prosecution case and has turned hostile. The applicant is in jail since 27/12/2023 i.e he has completed almost 4 months in custody and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.
On the other hand, learned counsel for the State opposed the prayer.
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 and also the fact that the prosecutrix has turned hostile, 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, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the 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.