The court considered the concept of liberty and the prolonged pre-trial detention in granting bail to the applicant.

JUDGMENT

Sushrut arvind Dharmadhikari, J. - The applicant has filed this second application u/s 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dated 15.12.2021 passed in M.Cr.C. No.22388/2021.

The applicant has been arrested by Police Station- Narmada Nagar, District Khandwa, in connection with Crime No.96/2021 registered in relation to the offence punishable under Sections 363, 366, 376(2)(N), 506 of the I.P.C. and under Section 5L, 6 of the POCSO act 2012.

As per the prosecution story, the father of the prosecutrix lodged the report on 08.04.2021 alleging that her daughter was missing and was not found anywhere since 02.04.2021. He has apprehension that the applicant has allured and took his daughter with him. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 14.04.2021. Charge-sheet has been filed. No further custodial interrogation is required. The applicant and prosecutrix were in love relation with each other. In fact, the prosecutrix accompanied the applicant on her own will. The statement of the prosecutrix, mother and father have been recorded before the trial Court, in which they have turned hostile and not supported the prosecution version. The prosecutrix stated that her father was very cruel and only for the purpose of implicating both of them, FIR has been lodged. The applicant has no criminal antecedents. The applicant is a permanent resident of District- Khandwa and there is no likelihood of his absconsion, if he is released on bail. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

On the other hand, learned Govt. advocate opposed the application and prayed for its rejection.

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

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to grant the bail to the applicant. 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.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all 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.

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 seek unnecessary adjournments during the trial;

and

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

6. The applicant shall 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.

A copy of this order be sent to the Court concerned for compliance.

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