ORDER

This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.28/2024 registered at Police Station - Sultanpur, District Raisen (M.P.) for the offences punishable under Sections 376(1), 376(2)(n), 376(3), 506 of IPC and 3, 4, 5(L) and 6 of POCSO Act. Applicant is in detention since 05.02.2024.

2. As per the prosecution story, complainant lodged the report on 04.02.2023 stating that on 02.01.2024 and on other dates, applicant called the complainant near the river of Badkuie forest where applicant committed rape upon her repeatedly. On the basis of aforesaid, Police registered the case against the present applicant under the aforesaid Sections.

3. Learned counsel for the applicant submitted that applicant is in jail since 05.02.2024. He has been falsely implicated. It is further submitted that prosecutrix and her mother have been examined before the trial Court but they have not supported the prosecution story. Charge sheet has been filed. There is no criminal record of the applicant. Therefore, it has been prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for State has opposed the prayer for grant of bail to the applicant.

5. 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.

6. 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. 7. 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 Sateesh Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 4/12/2024 2:34:11 PM