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Judgment
This second / repeat application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.313/2019 registered at Police Station Y.D. Nagar, District Mandsaur (MP) for offence punishable under Sections 452 and 354 of the Indian Penal Code, 1860 and also under Section 7 read with Section 8 of the Protection of Children from Sexual Offence Act, 2012.
The applicant is in custody since 12.06.2019.
As per prosecution case, the victim has made allegations against the present applicant with regard to house tress pass and outrage her modesty. Hence, the present case for offence under Sections 452 and 354 of the Indian Penal Code, 1860 and also under Section 7 read with Section 8 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the applicant.
Learned counsel for the applicant has submitted that the applicant is a young boy aged about 25 years and he has been falsely implicated in the present crime. According to the allegations made in the FIR as well as statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973, the applicant caught hold hand of the victim and tried to took her forcibly. Earlier bail application of the applicant was dismissed as withdrawn by order dated 22.07.2019 passed in Miscellaneous Criminal Case No.29762/2019 granting liberty to renew his prayer after recording the Court statement of the victim. Now, the victim has been examined before the trial Court on 01.11.2019 and she exaggerated the prosecution story in her Court statement. There are material contradictions in her Court statement. The applicant is in custody since 12.06.2019. The investigation is over and charge sheet has been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a 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 trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.