Narendra Kumar Vyas, J
1. The applicant has preferred this first bail application under Section 439 of Cr.P.C., for grant of regular bail as he has been arrested on 21-3-2024 in connection with Crime No. 123 of 2024 registered at Police Station – City Kotwali, Mungeli, District Mungeli (CG) for alleged commission of offences under Sections 354, 354-A, 456 of IPC and Sections 8 & 12 of the Protection of Children from Sexual Offices Act, 2012.
2. The case of the prosecution, in brief, is that the complainant lodged a report in Police Station stating therein that in the intervening night of 20-3-2024 at4 about 10.00 pm the applicant jumped of the boundary wall of the house of victim who is aged about 12 years and five months and thereafter tried to outrage her modesty and thereafter when the victim started shouting along with her sister, the applicant fled away from the spot leaving behind his trouser and footwear. . On the basis of the report lodged by the complainant, Police have registered the aforesaid offence against the applicant.
3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and he has not committed any offence. He would further submit that there is no evidence on record to prove the involvement of the applicant in the said alleged offence, charge sheet has already been filed, the applicant is in jail since 1-3-2024 whereby he has already completed more than six months jail sentence and trial is likely to take sometime, therefore, the applicant may be granted bail.
4. On the other hand, learned State counsel though opposes the bail application of the applicant would submit that there is no previous criminal antecedent against the applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, as per statement of the State counsel there is no pervious criminal antecedent against the applicant and also the fact that the offence is triable by the Magistrate First Class, the applicant is in jail since 21-3-2024 whereby he has already completed six months and also trial will take for some for its conclusion, I am inclined to grant bail to the applicant.
7. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the trial Court with the following
conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC.
(iv) The applicant\ shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude expeditiously, preferably within a period of six months from the date of a receipt of a copy of this court, if there is no legal impediment.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.
Certified copy as per rules.
