The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.

JUDGMENT

Deepak Kumar Agarwal, J. - This is sixth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier all the bail applications were dismissed as withdrawn by co-ordinate Bench of this Court.

2. Applicant has been arrested on 22.01.2019 by Police Station- Sironj, District Vidisha in connection with Crime No.16/2019 for the offence punishable under Sections 363, 366, 376(2)(N), 368 and 120-B of IPC and Section 5/6 of POCSO Act.

3. As per prosecution case, on 17.01.2019, father of the prosecutrix lodged the missing report alleging that when he was sleeping with his wife, at that time at about 3:00 in the night wife of the complainant informed him that their daughter is not at home. Thereafter, the father of the girl went to the police station and raised suspicion on present applicant accused. During the investigation the prosecutrix was recovered at Inodre on 22.01.2019. Statements of prosecutrix were recorded in which she has stated that she was having friendship with present applicant accused and applicant accused told the girl that he will sent some other person to take her. Therefore, as per complainant, when in the night present applicant accused called the prosecutrix and she came out her house at night and she found co-accused Deepak on a motorcycle and thereafter, the co-accused Deepak has taken the girl to present applicant and from there present applicant has taken the prosecutrix to Indore where they lived and applicant accused committed sexual intercourse with her. On the said information, offence was registered. Applicant accused was arrested. Statements of prosecutrix along with independent witnesses have been recorded.

4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He is in custody since 22.01.2019. He undertakes to cooperate in investigation/trial. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is not required. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State opposed the application and prayed for its rejection.

6. Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of this case, period of custody of applicant and delay in trial, but without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- (Twenty Five Thousand only) alongwith bail bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) before the trial Court, he should be released on bail.

7. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving him any notice.

8. Application stands allowed and disposed of.

9. Certified copy as per rules