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Judgment
Heard, case-diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.882/2017, registered at police stationâ€
Nagda, District-Ujjain, concerning offence under Section 363, 376, 376(i), 506 of IPC read with Section 3/ 4 of Protection of Children from Sexual
Offences Act, 2012 .
As per prosecution case, on 18/12/2017, prosecutrix, aged about 17 ½ years was enticed away by the present applicant and other two co-accused
persons. It is further alleged that the accused persons committed rape upon her.
Learned counsel appearing on behalf of the applicant contends that applicant has been falsely implicated in the present crime.  The statement of
prosecutrix has now been recorded before the trial Court and she has not supported the prosecution story. The applicant is in custody since
29/12/2017. The trial is likely to take long time in its conclusion. Under these circumstances, counsel prays for grant of bail to the applicant.
Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant
be dismissed.
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 on his 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 regular
appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide
by the conditions enumerated under Section 437 (3) of Cr.P.C.
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.