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Judgment
Sanjay Dwivedi, J
This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with
Crime No.531/2020 registered at Police Station- Banda, District Sagar for the offence punishable under Sections 363, 366 and 376 of the Indian Penal
Code and Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The applicant's first bail application was dismissed as withdrawn vide order dated 15.10.2020 passed in M.Cr.C. No.27837/2020 giving liberty to the
applicant to move fresh application after recording the statement of the prosecutrix and if for the period of three months physical trial does not
commence then the applicant may also pursue the bail application.
Availing the said remedy, the present application has been filed on behalf of the applicant. Learned counsel for the applicant has filed the statement of
the prosecutrix in which she has been declared hostile and has infact not made any allegation of rape against the present applicant. He further submits
that the applicant is in jail since 18.07.2020, therefore, considering his custody period, he may be enlarged on bail.
Learned Panel Lawyer appearing for the respondent/State has opposed the bail application.
Considering the aforesaid facts and circumstances of the case and also after perusal of the statement of the prosecutrix in which she has been
declared hostile, I am inclined to consider and allow this bail application. Therefore, without commenting anything on the merits of the case, the bail
application filed by the applicant is allowed.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19
virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down
by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.
Let a copy of this order be forwarded to the concerned Court through E-mail.