The court granted bail based on the significant delay in FIR lodging and the absence of risk of witness tampering, emphasizing the need for personal bond and compliance with specific conditions.

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail who is in custody since 30.10.2023 relating to FIR No.366/2023 registered at Police Station Gadhwa District Singrauli (M.P.) for the offences under Sections 376, 376(D), 450, 506- II of the IPC and Sections 5(L), (5(j)(ii), 6, 5(4), 4(1), 3(a), 17 of the POCSO Act.

2. Learned counsel appearing for the applicant submitted that prosecutrix is aged about 17 years 4 months and 9 days. There is delay in lodging of FIR about seven months. Applicant is in custody since 30.10.2023. In these circumstances, he may be granted bail.

3. Learned Government Advocate appearing for the State as well as counsel for objector opposed the application for grant of bail. It is submitted that prosecutrix is minor. She has deposed against the applicant. 4. Heard the counsel for the parties. 5. There is a long delay in lodging of FIR. Prosecutrix has also examined in the Court and now there is no chance that applicant will be able to influence the witness or tamper with evidence. Considering totality the facts and circumstances of the case, without commenting on the merits of the case, bail application filed by applicant is allowed.

6. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned 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.