The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.

JUDGMENT

Sunita Yadav, J. - The applicant has filed this first application u/S.439 Cr.P.C. for grant of bail.

2. The applicant has been arrested on 21.09.2022 by Police Station Madhoganj, District Gwalior (M.P.) in Connection with Crime No.407 of 2022 registered for the offence punishable under Sections 363 of IPC. Further added Sections 365, 366-A, 368, 120-B, 376, 376(2)(n) of IPC and Section 5(L)/6 of POCSO Act.

3. As per prosecution story, the allegation against the present applicant is that he abducted the prosecutrix and committed rape upon her.

4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the prosecutrix in her statements recorded u/Ss.161 & 164 of Cr.P.C. specifically mentioned that she left her parental home because she wanted to marry with present applicant/accused, however, her parents wanted to marry some other boy who lived in Mumbai. Further argument is that the prosecutrix got married with present applicant on 25/09/2022 and she was living as his wife. Allegedly, the prosecutrix travelled various places with present applicant/accused, however, there is no evidence that she ever resisted or raised alarm to save her. The applicant is in custody since 21/09/2022. Investigation in the matter is over by filing of charge-sheet, therefore, further custodial interrogation is no more required. The applicant i s permanent resident of Golnagar, Thana Morsaan, District Haathras (U.P.) Conclusion of trial is likely to take time and there is no likelihood of her absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.

5. On the other hand, learned State counsel as well as counsel for the complainant opposed the application and prayed for its rejection.

6. Heard learned counsel for the rival parties and perused the case diary available on record.

7. Considering the facts and circumstances of the case, but 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.50,000/- (Rupees Fifty Thousand only) with two solvent sureties [out of which one should be local surety since the applicant is resident of District Haathras, Uttar Pradesh] in the like amount to the satisfaction of the trial Court/committal Court.

8. 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, as the case may be;

4) The applicant will not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

8. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

9. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.