The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case.

ORDER

This is second application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, relating to FIR/Crime No.59/2023 dated (not mentioned) registered at P.S. Kakanwani, Dist. Jhabua (M.P.) for commission of offence punishable under Sections 363, 366, 376(2)(n), 376(3) of IPC and section 5-L/6 of POCSO Act.

2. The first application was dismissed as withdrawn with liberty to revive after the statement of the prosecutrix.

3. Counsel for the appellant submits that the statement of the prosecutrix has been recorded in the Court and she has not made any allegation against the present appellant.

4. Counsel for the State opposes the prayer and submits that the prosecutrix is minor and the DNA report is positive.

5. After hearing learned counsel for the parties and considering the statement of the prosecutrix that in the Court statement, she has not made any allegation against the applicant, the applicant is in jail since 20.03.2023 and the trial may take time, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6. It is directed that Applicant- Mahipal @ Pratap 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 court below.

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 court below.

C.c. as per rules. (VIJAY KUMAR SHUKLA) JUDGE soumya