Prolonged custody and negative DNA evidence justify granting bail under Section 439 of the Criminal Procedure Code.

They are heard. Perused the case diary / challan papers. This is the fourth bail application filed by the applicant under Section 439 of Criminal Procedure Code , 1973, as he / she is implicated in connection with Crime No.785/2022 registered at Police Station Dhamnod, District Dhar (MP) for offence punishable under Section 363 , 366(A) , 376(1) , 376(3) , 343 of Indian Penal Code , 1860 and Section 3/4 of POCSO Act . The applicant is in custody since 16/09/2022. His last bail application M.Cr.C. No.53438/2023 was dismissed by this Court on 13/12/2023 with liberty to renew prayer if the trial is not concluded within three months time and also taking into account the fact that his earlier application was dismissed on merits.

Counsel for the applicant has submitted that the trial has still not been concluded and the DNA report has also been filed by the prosecution which is negative and does not support the prosecution story. It is submitted that the applicant is lodged in jail since 16/09/2022 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out, however, it is not denied that DNA report is in favour of the applicant only.

Having considered the rival submissions and on perusal of the case diary as also the documents filed on record, this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code , 1973.