ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 03.07.2024 passed by the High Court of Rajasthan at Jaipur in S.B. Criminal Miscellaneous Bail Application No. 15883 of 2023.

3. The appellant Vikram Singh @ Vicky has been facing trial in connection with a crime registered pursuant to First Information Report No.636/2023 dated 13.11.2023 lodged with P.S. Bajaj Nagar, District Jaipur City (East) in respect of offences punishable under Sections 3 63 , 366A, 376(2)(n), 376D, 323, 342 and 456 of the INDIAN PENAL CODE , 1860 and Section 6 7A of the Information Technology (Amendment) Act, 2008 and Sections 3 , 4, 5(1), 5(g) and 6 of the Protection of Children from Sexual Offences Act, 2012.

4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 03.07.2024, the appellant has preferred the instant appeal.

5. This Court, vide its order dated 14.11.2024, issued notice in the instant matter and passed the following order:

"Delay condoned.

Issue notice to the respondents, returnable on 13.12.2024.

Petitioner's counsel is also permitted to serve the standing counsel for the respondent-State."

6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent(s)/State and perused the material on record.

7. Learned counsel for the appellant submitted that the appellant has been in jail for the last about fourteen months and has been co-operating with the trial also; that even according to the State out of twenty one witnesses only three more witnesses have to be examined. Further, as per the deposition of the so-called victim (PW-1), it is apparent that she has turned hostile; that in all probability, the appellant would be acquitted. He further submitted that the appellant may also like to lead his defence evidence for which it is necessary that he is released from jail so as to prepare his defence evidence. He therefore, submitted that impugned order(s) may be set aside and relief of bail may be granted to the appellant herein.

8. Per contra, learned counsel for the respondent(s)/State with reference to his Counter Affidavit contended that since only three more witnesses have to be examined, it is just and necessary that the appellant may continue to remain in jail. He further submitted that the fact that the victim has turned hostile would indicate that the victim as well as her family members are under continues threat although the appellant may have been in jail. He therefore, submitted that there is no merit in this appeal and hence the same may be dismissed.

9. Considering the facts on record, in our view, the case for bail is made out.

10. We, therefore, allow this appeal and direct as under:

"The appellant Vikram Singh @ Vicky 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 FIR No. 636 of 2023 mentioned above."

11. 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.

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

13. With these observations, the appeal is allowed.