An accused is entitled to bail if the prosecution's case is not strong and the accused has been in custody for a sufficient period.

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 271 of 2023 registered at Police Station Goraghat, District Datia (M.P.) for the offence under Sections 363, 366, 376 of IPC & Sections 5/6 of POCSO Act.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Allegedly, the incident occurred on 08.11.2023 and the prosecutrix recovered on 11.11.2023. As per prosecution story, applicant/accused abducted the prosecutrix on his motorcycle and they travelled to Vijaypur and stayed in a room, however, there is no evidence that prosecutrix while travelling on motorcycle to Vijaypur, tried to resist or raise alarm to escape from the clutches of applicant. There is material improvisation in the statement of the prosecutrix recorded u/S.164 of Cr.P.C. wherein, she has made allegation that she was kept in a room locked from outside, however, as per the statements of her own family members, room was opened and was not broken to recover the prosecutrix, in these circumstances, entire prosecution story becomes doubtful. The applicant is in custody since 14.11.2023. After conclusion of investigation, charge-sheet has filed, therefore, further custodial is no more required. Applicant is the resident of District Datia (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

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) 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;

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

) The applicant will not indulge himself 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 any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

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 vpn