JUDGMENT

Rajendra Kumar Verma, J. - This is first application under Section 439 of CRIMINAL PROCEDURE CODE , 1973, filed by the applicant for grant of bail.

T h e applicant is facing trial in connection with Crime No.413/2021, registered at Police Station Narayangarh District Mandsaur for the offence punishable under Sections 3 77 ,342,506 and 34 of IPC, 1860, Section 3 /4 of the Protection of Children from Sexual Offences act, 2012 and Sections 3 (II)(V) and 3(II)(V-a) of the SC/ST (Prevention of atrocities) act. The applicant is in custody since 08.12.2021.

a s per prosecution story the allegation against the applicant is that he alongwith the co-accused called the victim boy for some labour work on 02.12.2021 at the site and after their work was over, the applicant and the co-accused forced the victim for unnatural sex with them and thereafter threatened him not to inform anybody about the incident.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. There is no legal evidence to connect the applicant with the crime. There is no criminal antecedents against the applicant.

The victim has refused for medical examination and there is no medical report regarding the unnatural sex in the case diary. The applicant is in custody since 08.12.2021 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Government advocate has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant/accused 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 in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.