ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 29.01.2024 passed by the High Court of Judicature at Bombay in Bail Application No.2898/2023.

3. The appellant Arjun Jalba Ichke has been facing trial in connection with a crime registered pursuant to First Information Report No.213/2021 dated 06.07.2021 lodged with Police Station Vashi, District Navi Mumbai, in respect of offences punishable under Sections 376 and 354 of the INDIAN PENAL CODE , 1860, along with Sections 4 , 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 29.01.2024, the appellant has preferred the instant appeal.

5. This Court vide its order dated 25.09.2024, issued notice in the instant matter. Heard learned counsel for the appellant in support of the appeal and learned counsel for respondent-State and perused the material on record.

6. Learned counsel for the appellant submitted that despite the order passed by this Court, the appellant who is in incarceration for the last three and a half years has not been produced before the Special Court. Consequently, the charges have not been framed as against him. In the circumstances, there is a delay in the prosecution of the case as against the appellant herein. Consequently, the appellant has been prejudiced inasmuch as the bail plea has been rejected. Although a direction has been issued to the Trial Court to conclude the trial expeditiously bearing in mind the stipulation under the POCSO Act.

7. In the above backdrop, learned counsel for the appellant sought for setting aside of the impugned order and for grant of bail subject to the conditions that may be imposed by this Court.

8. Per contra, learned counsel for the respondents with reference to his counter affidavit submitted that having regard to the offences alleged as against the appellant herein and the fact that the provisions of the POCSO Act have also been invoked and also bearing in mind the fact that the charges have not yet been framed and the victim and the complainant are yet to be examined, the appeal may be dismissed.

9. Considering the facts on record, in our view, the case for bail is made out. We, therefore, allow this appeal and direct as under:

"The appellant Arjun Jalba Ichke shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of First Information Report No.213/2021 mentioned above."

10. Further, one of the conditions shall be that the appellant on release shall neither visit nor reside in the territory of Vashi in Navi Mumbai nor make any efforts to contact or meet the victim and her family. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.

11. The appellant shall also furnish his residential address to the concerned Trial Court and Police Station.

12. Any infraction of the conditions shall entail cancellation of bail granted to the appellant herein.

With these observations, the appeal is allowed.

Pending application(s), if any, shall stand disposed of