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Judgment
The matte is heard through video conferencing.
The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during
trial in connection with Crime No. 43/2021 registered at Police Station- Trikunda, District-Balrampur Ramnujganj (C.G.) for the offence punishable
under Sections 450, 376(2)(n), 417, 376(3) of IPC & Section 6 of POCSO Act.
The prosecution story, in brief, is that applicant committed sexual intercourse with the prosecutrix on the pretext of marriage. Thereafter, offence
has been registered against the applicant and he has been taken into custody.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits
that prosecutrix did not support the case of the prosecution and turned hostile. He next added that applicant has no criminal antecedent and he is in jail
since 03.07.2021, charge-sheet has been filed there is no likelihood of his case being decided in near future, therefore, the present applicant may be
released on bail.
On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence
committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.
I have heard learned counsel for the parties and perused the record.
Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the fact that
prosecutrix did not support the case of the prosecution and turned hostile and applicant is in jail since 03.07.2021 and charge-sheet has been filed, the
trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the
application is allowed.
Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, with one local surety in the like sum
to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.