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Judgment
Nirzar S. Desai, J
By way of this application for modification, the applicant has prayed for modification of the order dated 10.08.2023, on the ground that the financial condition of the applicant is not well and therefore he is not in a position to furnish personal bond of Rs.25,000/- and two sureties of the like amount.
The matter was adjourned from time to time to ascertain the truthfulness about the fact canvassed by the applicant. Learned APP Mr. J.K. Shah for the respondent – State submitted that considering the fact that the applicant is an accused under offence of POCSO Act, as well as considering the fact that he is resident of Haryana and therefore unless sufficient surety in the form of personal bond as well as two sureties are provided by the applicant, it will be difficult to secure the presence of the applicant at the time of trial. Learned APP Mr. Shah submitted that considering the fact that the applicant has prayed for doing away with both the aforesaid conditions and considering the fact that the accused is criminal of very serious nature and therefore, this application for modification may not be allowed.
Heard learned APP Mr. Shah and perused the record. On perusal of the record and considering the fact that the applicant is an accused of rape on minor girl of age 12 years and he has repeatedly committed this offence upon the minor girl as well as considering the fact that in the past the applicant has never released on temporary bail and therefore in absence of there being any past experience of good or bad, the condition cannot be modified when the applicant is accused of serious offence and he has never been enlarged on temporary bail.
In view of the above, I find that apprehension of the learned APP is well founded and therefore the present application is required to be dismissed and accordingly dismissed.