The court may grant bail under Section 439 of the Code of Criminal Procedure considering the nature of allegations, duration of custody, and circumstances surrounding the case.

ORDER :

Prem Narayan Singh, J.

Heard and perused the record.

This is the first bail application filed on behalf of the applicant under section 439 of the Code of Criminal Procedure for grant of bail in relation to Crime No. 237/2023, registered at Police Station- Badnawar, District Dhar for the offence under sections 363, 366, 376, 376(2)(n), 506 of Indian Penal Code and under section 3/4 of Protection of Children from Sexual Offences Act, 2012. The applicant is in custody since 20-6-2023.

2. The allegations against the applicant is abduction and commission of rape with the prosecutrix.

3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. It is further submitted that the age of the prosecutrix is more than 16 years. As per the prosecution case the applicant has forcibly taken the prosecutrix and committed rape with her. The statement of the prosecutrix and her parents have been recorded under section 164 of Criminal Procedure Code and as per the statement of the prosecutrix she has resided with the applicant for about two months and seven days, however, she has not raised any alarm nor complained anyone regarding abduction or commission of rape. It is further submitted that the applicant is in jail since 20-6-2023. The conclusion of trial will take a long time. Under these circumstances, he prays for grant of bail to the applicant.

4. Learned counsel for the respondent/State as well as the objector has opposed the prayer and submitted that since the age of the prosecutrix is less than 18 years applicant is not entitled for grant of bail.

5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case and period of custody, I am of the view that it is a case, in which applicant may be released on bail. Consequently, first bail application under section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under section 437(3) of Criminal Procedure Code.

7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.