Rajendra Kumar Verma, J
This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.
265/2018 registered at Police Station â€" Raipuriya, District -Jhabua for the offence registered under Sections s 363, 366, 376 of IPC and sections 5/6
of POCSO Act and sections 3(2)(V) of SC & ST ( Prevention of Atrocities) Act. The applicant is in custody since 18/08/2019
As per prosecution story, the allegation against the present applicant, he abducted and committed rape upon the prosecutrix, hence the aforementioned
offences have been registered and he has been arrested.
Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. He has no criminal
antecedents. Investigation is over and chargesheet has been filed. The applicant is in custody since 18/08/2019. The prosecutrix and father of the
prosecutrix were examined on 13/07/2021 and they have turned hostile and not supported the prosecution story and conclusion of trial will take
sufficient long time. In these circumstances the applicant be released on bail.
The prayer is opposed by learned Panel Lawyer for the respondent / State.
Taking into consideration all the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also the fact that
the prosecutrix has turned hostile and not supported the prosecution case; investigation is over and chargesheet has been filed and the applicant is in
custody since 18/08/2019., however without commenting on merits, I deem it proper to enlarge the applicant on bail.
Accordingly, the bail application is allowed. The applicant is directed to be enlarged on bail on his furnishing 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 the trial Court for his appearance before the trial Court
concerned as and when directed.
He shall abide by the conditions enumerated under Section 437(3) of the Cr.P.C..
The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would
result in cancellation of the bail granted by this Court. With the aforesaid, the application stands disposed of.
Certified copy, as per Rules.
