Prolonged pretrial detention as an anathema to the concept of liberty can be a basis for granting bail, without expressing any opinion on the merits of the case.

ORDER : – Case diary is perused.

2. Learned counsel for the rival parties are heard.

3. The applicant has filed this third application under section 439, Criminal Procedure Code for grant of bail. First and second applications were dismissed as withdrawn vide orders dt. 10-12-2021 and 4-2-2022 passed in M.Cr.C. No. 47838/2021 and M.Cr.C. No. 5631/2022 respectively.

4. The applicant has been arrested on 3-9-2021 by Police Station Shahgarh, District Sagar (M.P.), in connection with Crime No. 342/2021 registered in relation to the offence punishable under sections 363, 366-A, 376, 506 read with section 34 of Indian Penal Code and section 4, 5 of POCSO Act and section 3(1)(w)(i), 3(2)(5) of SC/ST Act.

5. Allegation against the applicant, in short, is that he along with co-accused Boby Rai enticed the prosecutrix and took her along with them and thereafter one of the co-accused committed rape on her. On the basis of the aforesaid, crime has been registered.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 3-9-2021. Charge-sheet has been filed, therefore, no further custodial interrogation is required. It is further submitted that the material witnesses i.e. father, mother and the prosecutrix have been examined before the trial Court and none of them have deposed anything against the present applicant. The only allegation against the present applicant is of enticing the prosecutrix and there is no allegation of rape against him and therefore, the offence under section 376 of Indian Penal Code is not made out. Disposal of the matter will take long time and the applicant cannot be kept in custody for an unlimited period without any substantial reason. The applicant is a permanent resident of District Sagar (M. P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

7. Learned Public Prosecutor for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for rejection of bail application.

8. However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

9. Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pretrial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

10. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two local sureties each of Rs. 50,000/- (Rupees Fifty Thousand) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

11. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

12. This order will remain operative subject to compliance of the following conditions by the applicant : –

1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, a