The court's decision on the bail application was based on the facts and circumstances of the case, without commenting on the merits of the case, and the conditions imposed for the release of the accused.

JUDGMENT

Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 11/08/2021 in connection with Crime No.593/2021 registered at Police Station - Barwani, District Barwani(M.P.), for the offence punishable under sections 363, 366 of IPC and under Section 7/8 & 11/12 of POCSO act, 2012.

According to the prosecution case, a missing report was lodged by the complainant - Isram stating that on 08/08/2021 when his daughter had gone to the market with her friend Sanjeela and when they were on the way to market, the present applicant came on a motorcycle and took the prosecutrix with him. On the basis of the aforesaid, a case has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the prosecutrix had gone with the applicant according to her own wish. There is no iota of material to show that the applicant has committed any offence with the prosecutrix. He further submits that at the most offence under Section 363 of IPC is made out against the present applicant, which is a bailable offence, but no case under Section 366 of IPC is made out against him. The investigation is over and charge-sheet has been filed. The applicant is in custody since 11/08/2021. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer 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.