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Judgment
Sanjay Dwivedi, J
This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.272/2022 dated (not mentioned) registered at Police Station Jhallar, District Betul, for the offence under Sections 376(3) of the Indian Penal Code and Sections 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012. Applicant is in custody since 19.06.2022.
The applicant's earlier bail application was dismissed as withdrawn vide order dated 21st November, 2022 passed in M.Cr.C. No.49132 of 2022 granting liberty to revive the same after recording of statement of the prosecutrix.
Learned counsel for the applicant submits that the statement of prosecutrix has been recorded (Annexure A-3) wherein she has not supported the case of prosecution and declared hostile. Therefore, he prays that looking to the aforesaid facts and circumstances of the case and the applicant's custody period, he may be enlarged on bail.
On the other hand, learned Panel Lawyer has opposed the prayer of bail.
Considering the arguments advanced by learned counsel for the parties, perusal of case diary and the fact that the prosecutrix in her statement has not supported the case of prosecution and declared hostile and considering the fact that applicant is in custody since 19.06.2022, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
However, the Superintendent of Police, Betul and Collector, Betul are directed that the compensation, if any, is paid to the prosecutrix under any of the schemes sponsored by the Central Government or the State Government, treating her to be a victim of rape, the same shall be recovered from her. The trial Court concerned is also directed to ensure the recovery of amount, if any, is paid towards compensation to the prosecutrix treating her to be a victim of rape.
Let a copy of this order be forwarded to the Superintendent of Police, Betul and Collector, Betul for information and necessary compliance