Lakhan vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to FIR/ Crime No. 129/2023 registered at Police Station-Alote, District-Ratlam for the offences under Sections 363, 366, 376(3), 376(2)(i) of IPC, 1860 and Section 3/4 of POCSO Act, 2012. He is in detention since 12.03.2023.

(2) As per prosecution story, it is alleged that the applicant has abducted the prosecutrix and committed rape upon her.

(3) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the statement of the prosecutrix and her father has been recorded before the trial Court and has not supported the case of the prosecution. The applicant is in custody since 12.03.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, he prays that the bail application be allowed and applicant be released on bail

(4) Learned counsel for the state has opposed the application and prayed for its rejection.

(5) Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary as well as custody period of the applicant, without commenting on the merits of the case, this application is allowed.

(6) It is directed that the applicant/accused 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 securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

(7) 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.