Sachin Singh Rajput, J
1. The applicant has preferred this Second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 145/2021 registered in Police Station Basna, District Mahasamund, CG for offence punishable under Sections 363, 366 and 376(2)(n of IPC and Sections 4 & 6 of POCSO Act. The first bail application was dimissed on merits vide order dated 15.11.2022 in MCRC No. 7168 of 2022.
2. Case of the prosecution, in brief, is that the applicant committed sexual intercourse with the prosecutrix on several occasion on false pretext of marriage thereby committed the said offence.
3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that the age of the prosecutrix is doubtful and medical evidence does not supported the case of the prosecution. He further submits that the applicant is in jail since 02.06.2022, trial may take some more time, therefore, he may be enlarged on bail.
4. State counsel opposes the application and submits that looking to the seriousness of the allegations made against the present applicant, he is not entitled for bail.
5. Prosecutrix appeared through Video conferencing and raised serious objection regarding grant of bail to the applicant.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, looking to the nature of allegations; applicant is in jail since 02.06.2022, trial may take some time for conclusion, without commenting anything on the merits of the case, I am inclined to enlarge the applicant on bail.
8. Accordingly, the bail application is allowed and it is directed that on applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that :-
a) he shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
b) he shall not make any attempt to tamper with the prosecution witnesses.
c) he is restrained from meeting any of the prosecution witnesses, till conclusion of trial.
9. The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being influenced by any observation made hereinabove.
Certified copy as per rules.
