ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 25.10.2023 relating to FIR No.46/2023 registered at Police Station Mada District Singrauli (M.P.) for the offences under sections 376(1), 376(2)(cha) and 450 of the IPC.

2. Learned counsel appearing for the applicant submitted that incident is said to have been occurred on 29.08.2023, whereas FIR has been lodged on 08.09.2023. Long delay in lodging of FIR shows suspicion on the prosecution story. He has falsely been implicated in the case.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that there is delay in lodging of FIR as prosecutrix was unwell and suffering from serious sickness. Later on, when her health improved, FIR has been lodged.

4. Heard the counsel for the parties.

5. There is delay in lodging of FIR and same has not properly been explained, which shows on prosecution version.

6. Considering aforesaid facts and circumstances of the case, without commenting on merits of the case, bail application filed by applicant is allowed.

7. It is directed that applicant be released on bail on his furnishing personal bond of Rs.50,000/-(Rs. fifty thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the conditions enumerated under Section 437 (3) of Cr. P. C. C.C. as per rules. (VISHAL DHAGAT) JUDGE pn