A first-time offender with no criminal record charged with a sexual offense against a minor may be granted bail if the court is satisfied that the applicant is not a flight risk and will not interfere with the witnesses or evidence.

ORDER

This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.335/2023 registered at Police Station-Kotwali, District-Burhanpur (M.P.) for the offence punishable under Sections 363, 366-A, 376(3), 376(2)(n) of the IPC and Section 5(L)/6 of the POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 30.09.2023. Applicant and prosecurtix are teenager. Prosecurtix is aged between 16-18 years. Applicant is innocent and has falsely been implicated in the case. Applicant is first time offender with no criminal record. In these circumstances, applicant may be enlarged on bail.

3 . Learned Government Advocate appearing for the respondent/State opposed the bail application and submitted that prosecutrix is minor.

4. Heard the counsel for the parties.

5. Considering aforesaid circumstances of the case and also statement of prosecutrix recorded under Section 164 of the Cr.P.C., applicant is first time offender with no criminal record, bail application filed by the applicant is allowed .

6. It is directed that the applicant shall be released on bail on his furnishing 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 Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.