The court granted bail under Section 439 of the Code of Criminal Procedure, emphasizing the applicant's lack of criminal antecedents and the need for personal bond compliance.

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No. 125/2024 registered at Police Station - Bina District Sagar (M.P.) for the offences punishable under Section 376(2)(N) of IPC. Applicant is in detention since 12/02/2024.

2. As per the prosecution story, it is alleged that applicant has committed sexual intercourse with the prosecutrix on the pretext of marriage and then denied to do so therefore, the aforesaid offence has been registered against him.

3. Learned counsel for the applicant submitted that applicant is in jail since 12/02/2024. He has been falsely implicated in this case. It is further submitted that prosecutrix is a major and married lady. She was consenting party to sexual intercourse. FIR has been lodged belatedly. Applicant has no criminal antecedents. Charge sheet has been filed. Trial would take considerable time to conclude. Therefore, it has been prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for State has opposed the prayer for grant of bail to the applicant.

5. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant be released on bail on his 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, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.