Dinesh Kumar Paliwal, J
1. This is second bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating
to F.I.R. No.288/2022 dated 28.9.2022 registered at Police Station- Khurai District - Sagar (M.P.) for commission of offence punishable under
Sections 450, 376-D, 506 and 328 of IPC. Applicant is in detention since 29.9.2023.
2. Applicant's first bail application was dismissed as withdrawn and not pressed with liberty to renew the prayer for bail after evidence of prosecutrix
before the trial Court vide order dated 9.8.2023 passed in M.Cr.C. No.7499/2023.
3. As per the prosecution story, on 28.9.2022, 17 years and 9 months old prosecutrix submitted an application in writing before police alleging that on
22.9.2022 at around 12.30 P.M. when she was alone at her home, her house door was open. In the meantime, Than Singh Kori and Sonu Kori
trespassed into her house. Than Singh gagged her mouth. Sonu was standing outside her house. Thereafter, Than Singh committed rape upon her.
F.I.R was registered. After investigation charge sheet has been filed.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. FIR
was lodged after the delay of 07 days of the alleged incident. There is no evidence except oral statement of prosecutrix. it is submitted that prosecutrix
has already been examined before the trial Court. Now there is no possibility of tampering with or influencing the prosecution evidence. Therefore, it
has been prayed that the applicant may be released on bail.
5 . O n the other hand, learned counsel for the State has opposed the grant of bail to the applicant.
6. Applicant is in jail for more than one year. Considering the submissions made by learned counsel for the applicant and other facts and
circumstances of the case, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre-trial
detention of the applicant is not warranted. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail
filed on behalf of applicant, stands allowed.
7. It is directed that applicant - Than Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand
only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a
condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions
enumerated under Section 437(3) of Cr.P.C.
8 . 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.
