The court may grant bail based on the period of custody 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. His first bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 3548/2022 on 03.02.2022. His second bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 18437/2022 on 12.04.2022. His third bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 33684/2022 on 11.07.2022. His fourth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 49040/2022 on 17.10.2022. His fifth bail application was dismissed on merits by the coordinate bench in M.Cr.C. No. 56721/2022 on 05.12.2022. Applicant has been arrested on 11.10.2021 by Police Station- Bilauva District Gwalior (MP), in connection with Crime No.242/2021 for the offence punishable under Sections 376, 450 of IPC.

2. In brief case of the prosecution is that on 17.02.2021 at 11 am, prosecutrix, a married lady aged about 22 years alongwith her Jethani and father-in-law (Chachiya Sasur) lodged a report at Police Station Bilauva District Gwalior against present applicant Mukesh Banjara that in the intervening night of 16-17/10/2021 at 12 :30 am when her father-in-law was sleeping outside and her husband had gone for labour work, she was sleeping with her three months old child in the courtyard. Present applicant by jumping the courtyard wall came there and forcibly committed sexual intercourse with her by shutting her mouth. When she cried, her father-in-law, sister-in-law and mother-in-law (Chachiya Saas) came there. Thereafter applicant fled away. On her report, aforesaid offence was registered. Prosecutrix was sent for medical examination. Applicant-accused was arrested. Statements of witnesses were recorded.

3. New ground raised in present bail application is that DNA report submitted by the forensic laboratory has disclosed negative findings as regards the applicant.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Applicant is in custody since 11.10.2021. After investigation, chargesheet has been submitted and therefore, further custodial intrrogation is no more required. Conclusion of trial will take time. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

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

6. Heard learned counsel for both the parties and perused the case diary. Looking to the aforesaid facts and circumstances of the case and the period of custody, 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 a cash security of Rs.25,000/- alongwith a personal bail bond o f Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of 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 any notice.

8. Application stands allowed and disposed of.

9. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.