An accused is entitled to be released on bail if he has been in detention for a considerable period, the charge sheet has been filed, and the trial would take considerable time to conclude.

ORDER

Prosecutrix is present in person and she is identified by her counsel.

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. 155/2022 registered at Police Station - Dehat District Satna, now District Maihar (M.P.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 3/4 of POCSO Act. Applicant is in detention since 20/1/2024. 2. As per the prosecution story, in short is that the prosecutrix was minor girl and applicant committed intercourse with her, therefore, offence has been registered against him under the aforesaid sections.

3. Learned counsel for the applicant submitted that applicant is in jail since 20/01/2024. He has been falsely implicated. It is submitted that prosecutrix went herself. The statement of prosecutrix has been recorded u/s 164 of Cr.P.C. in which she has stated nothing regarding alleged offence. Applicant has no criminal antecedents. Charge sheet has been filed. Trial of the case will take considerable time to conclude. Therefore, it has been prayed that the applicant may be released on bail.

4. Learned counsel for objector has submitted that she has no objection if bail is granted to the applicant.

5. On the other hand, learned Government Advocate for the State has opposed the prayer for grant of bail.

6. 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.

7. 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. 8. 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.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE navin Signature Not Verified Signed by: NAVEEN NAGDEVE Signing time: 3/20/2024 3:34:50 PM