Suraj S/O Sushil Kumar Jain vs State Of Madhya Pradesh

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime No.736/2019 registered at Police Station Chimanganj Mandi, Ujjain District Ujjain (MP) for offence punishable under Sections 370, 370-A and 376 of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012.

The applicant is in custody since 11.07.2019.

As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Sections 370, 370-A and 376 of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the present applicants.

Learned counsel for the applicants has submitted that the applicants are innocent and they have falsely been implicated in the present crime. Neither the applicants are named in the FIR nor in the statement of the prosecutrix recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973. The prosecutrix also failed to identify the applicants during the Test Identification Parade. Therefore, no evidence is available on record to connect the applicants with the present crime; and they have been implicated in the present case on the basis of disclosure statement of co-accused person which is not legal evidence. The applicants are in custody since 11.07.2019. Earlier bail application of the applicants was dismissed vide order dated 01.10.2019 passed in Miscellaneous Criminal Case No.39138/2019, granting liberty to renew the prayer of the applicants after filing of the charge sheet. Now the investigation is over and charge sheet has been filed. The conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicants prays for grant of bail to the applicants.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicants on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon each of them furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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.