An accused is entitled to bail if the prosecution fails to establish a strong case against him/her and there is no requirement for further custodial interrogation.

ORDER

This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 886 of 2023 registered at Police Station City Kotwali, District Morena (M.P.) for the offence under Sections 363, 354, 376 (D)(A), 376 (3), 342 and 120 (B) of IPC, Sections 3/4, 5(G)/6, 9(L)/10 of POCSO Act and Sections 146/196, 3/181 of Motor Vehicles Act.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. As per prosecution story, present applicant - accused sexually assaulted the prosecutrix, however, DNA report has been received which is not corroborative in respect to present applicant - accused.

Prosecutrix in her statement under Section 161 Cr.P.C. has alleged that present applicant - accused committed rape upon her on 05.9.2023, however, they again went to the house of the co-accused which makes the entire prosecution story improbable. Further argument is that applicant is in custody since 08.9.2023. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant.

Applicant is the permanent resident of District Shivpuri (M.P.) having no criminal antecedents and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant.

O n the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant shall not commit an offence similar to the offence of which he/she is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE AKS