The decision emphasizes the importance of considering the evidence and circumstances of the case when determining bail, particularly when there are indications of lack of evidence and potential trial delays.

JUDGMENT

S K Awasthi, J. - Heard, Case-diary perused.

2. This repeat (third) application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.425/2019 registered at Police Station-Mandleshwar, District-Khargone, for commission of the offence punishable under Sections 366, 363, 376(3) of IPC, 1860 and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012.

3. As per prosecution story, complainant filed a report at Police Station Mandleshwar alleging that on 19/11/2019 at about 6.00 pm the victim and her mother were going towards their home. When they reached near bus stand, the applicant came on a motorcycle and drove away the victim in front of the complainant and wife of her brother-in-law. On the basis of which FIR was registered against the applicant for the aforesaid offences.

4. Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. He is in custody since 24/11/2019. Investigation is over and charge-sheet has been filed. Earlier bail application of the applicant was dismissed as withdrawn vide order dated 19/02/2020 passed in M.Cr.C. No.6098/2020 by granting liberty to the applicant to renew his prayer after recording the Court statement of the prosecutrix. Prosecutrix has been examined before the trial Court on 22/09/2020, wherein she has not stated anything against the applicant and turned hostile. Parents of the prosecutrix have also not supported the prosecution story. In these circumstances, no alleged offence is made out against the applicant. Conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.

5. Learned Panel Lawyer for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

6. 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 the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

7. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

8. Certified copy as per rules.