ORDER

This second application under Section 439 of the Code of Criminal

Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.76/2022 registered at Police Station Gunga District Bhopal for the offence punishable under Sections 376, 342 of IPC and Section

3/4 of POCSO Act.

Earlier application of the applicant was dismissed as withdrawn with liberty to move a fresh one after recording the statement of prosecutrix vide order dated 13/07/2022.

Counsel for the applicant submits that applicant is in jail since

06/04/2022. He further submits that statement of prosecutrix was recorded and in her statement she has narrated that at the time of incident she was aged about 18 years. He submits that in whole story prosecutrix has not disclosed the date of incident and explanation given by prosecutrix for not lodging the report to the police immediately is suspecious. He further submits that the prosecutrix has also given wrong information to the doctor that she is pregnant but finally it is found that she was not pregnant. He submits that a false case was registered against him and no rape has been committed with the prosecutrix. DNA report is also negative and no definite opinion about rape can be given on the basis of collected evidence. It is also submitted that the prosecutrix was not supporting the case of the prosecution and therefore to some extent she was declared hostile.

On the other hand, counsel for the State has opposed the submissions and submitted that prosecutrix has admitted the commission of rape that too without her consent and even otherwise if the age of prosecutrix is considered to be more than 18 years it is otherwise a case of rape.

Counsel for objector has supported the stand taken by counsel for State and submitted that there was sufficient explanation for not lodging the report in time as there was threat by the applicant that if the report is made, he would kill the parents of the prosecutrix.

Considering the overall facts and circumstances of the case and perusal of case diary, this Court deems it appropriate to grant bail to the applicant. Therefore, without commenting anything on the merits, this bail application is allowed

It is directed that the applicant be released on bail upon his furnishing

Rs.1,00,000/- (Rupees One Lac) solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI)

JUDGE

sushma