The court has the discretion to grant bail to the accused based on the facts and circumstances of the case, even if the accused is charged with serious offences.

Headnote:
Bail - Criminal Procedure Code - Sections 366, 376, 376(2)(N), 376(2)(H), 343, 420, 406 of IPC - The court granted bail to the accused after considering the statement of the prosecutrix, who was partly declared hostile by the prosecution, and the fact that the accused has been in jail since 11.07.2023 and the trial may take time.
Fact of the Case:

The accused was arrested in connection with a crime registered at Police Station Bistan, Dist. Khargone (MP) for offences punishable under Sections 366, 376, 376(2)(N), 376(2)(H), 343, 420, 406 of IPC. The prosecutrix had handed over her documents and ornaments to the accused on the false assurance of getting her an appointment. The accused later took the prosecutrix to a village hut and made physical relationship with her against her will.
Finding of the Court:

The court granted bail to the accused after considering the statement of the prosecutrix, who was partly declared hostile by the prosecution, and the fact that the accused has been in jail since 11.07.2023 and the trial may take time.
Issues: Whether the accused should be granted bail in the case registered under Sections 366, 376, 376(2)(N), 376(2)(H), 343, 420, 406 of IPC.
Ratio Decidendi: The court considered the statement of the prosecutrix, who was partly declared hostile by the prosecution, and the fact that the accused has been in jail since 11.07.2023 and the trial may take time, and decided to grant bail to the accused.
Final Decision: The court granted bail to the accused upon furnishing a personal bond of Rs.50,000/- with one surety of the like amount.

ORDER

This is second bail application under Section 439 of Code of Criminal Procedure, 1973 (wrongly mentioned as first bail application) for grant of regular bail in connection with crime No.185of 2023 (date not mentioned) registered at Police Station Bistan, Dist. Khargone (MP) for offences punishable under Sections 366, 376, 376(2)(N), 376(2)(H), 343, 420, 406 of IPC. The first bail application was dismissed as withdrawn with liberty to revive after the statement of the prosecutrix.

2. Counsel for the applicant submits that the statement of the prosecutrix has been recorded. She has been partly declared hostile by the prosecution.

3. As per the statement of the prosecutrix, the accused had taken her documents, jewelries etc. in order to get appointment for her. She had handed over documents, ornaments etc on the said false assurance. It is further alleged that one day when she was sleeping in the night on the roof, the applicant came to her house in the night and asked her to accompany him. She further stated that the applicant knows witchcraft (jadu tona) and thereafter taken her on motorcycle to village Malgaon. She stayed there with the applicant in the said hut. It is alleged that during that period, the applicant made physical relationship against her will.

4. Counsel for the State opposes the prayer and submits that on the memorandum of the applicants, the documents of the prosecutrix have been seized and the accused stated that the ornaments have been sold.

5. After hearing learned counsel for the parties and considering the statement of the prosecutrix, the applicant is in jail since 11.07.2023 and the trial may take time, I am of the view that the applicant is entitled for grant of bail.

However, without commenting on merits of the case, the application is allowed.

6. It is directed that applicant Akram shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the learned trial Court.

7. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is directed to forward a copy of this order to the learned trial Court.

8. With the aforesaid, the application is allowed and disposed off. Certified copy, as per rules.

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