Bail may be granted when the medico-legal report fails to corroborate the primary allegations of sexual assault and the accused has undergone significant incarceration during the pendency of the trial.

1. Heard Sri Ishan Khare, Advocate, holding brief of Ms. Aarushi Khare, learned counsel for the applicant, Sri J.P. Singh, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 394 of 2023 under Sections 377, 504, 506 IPC and section 6 of POCSO Act registered at Police Station Kurara, District Hamirpur during pendency of the trial.

3. At the very outset, learned AGA submits that notice has been served upon the first informant.

4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 09.11.2023. It is further submitted that medico-legal report of the victim does not corroborate the allegations of penetrating sexual assault and unnatural sex being committed with the victim. It is further submitted that other injuries have been found on the cheeks of the victim which are found to be simple in nature. It is further submitted that five witnesses have already been examined by the learned trial court and trial is not likely to conclude in near future. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that applicant does not have a permanent residence and he keeps on wandering.

6. As per allegations in the FIR, applicant is said to have committed unnatural sex and penetrating sexual assault on the victim who is aged about seven years. However, no such injury has been mentioned in the medico-legal report of the victim which could support the said allegations and rest of the injuries have been found on the cheek of the victim which are simple in nature. five witnesses have already been examined by the learned trial court and the applicant is in jail since 09.11.2023.

7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED

8. Let the applicant Sanjay Kumar Pandey @ Sangam Giri involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties (one should be a local resident) each in the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his