IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 2^nd OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 50854 of 2022 BETWEEN:-

JITENDRA SALAME S/O SHRI DHARAMDAS SALAME, AGED ABOUT 23 YEARS, OCCUPATION: LABOURER R/O VILLAGE KHAIRI, TEHSIL TIRODA DISTRICT GONDIA (M.H.)

.....APPLICANT (BY SHRI PRAKHAR NAVERIYA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH P.S. KHAIRLANJI DISTRICT BALAGHAT .....RESPONDENTS (BY SHRI VIVEK LAKHERA, GOVERNMENT ADVOCATE)

This second bail application coming on for admission this day, the court passed the following:

ORDER

Shri Shivlal Kewat, Learned Special Judge POCSO Act, Waraseoni, District Balaghat has mentioned name of the prosecutrix in the deposition sheet disclosing her identity. This is against the provisions contained in POCSO Act, so also the directives of Hon'ble Supreme Court in regard to maintenance of the privacy of the prosecutrix. Explanation from the concerned Special Judge be called for that why he has not taken precaution to not to disclose the identity of the prosecutrix. Matter be also placed before Hon'ble the Chief Justice to Signature Not Verified SAN consider whether concerned Special Judge is sufficiently sensitized to hold such Heard on admission.

This second bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Jitendra Salame, who is in custody since 05.06.2021 in connection with Crime No.82/2021 registered at Police Station Station Khairlanji, District Balaghat (M.P.) for the offence punishable under Sections 363, 366, 376, 376(2)(n) of IPC and Sections 5 & 6 of the POCSO Act.

First bail application was dismissed as withdrawn vide order dated

27.01.2022 in M.Cr.C. No.4320 of 2022 with liberty to renew the prayer after examination of prosecutrix.

Learned counsel for the applicant submits that prosecutrix is examined, she deposed in favour of the present applicant. she admitted that they were in love relationship. It is further submitted that applicant is in custody since 05.06.2021. Trial will take time for its conclusion. There is no criminal history of the present applicant. There are no chances of tempering with the evidence by the applicant. Hence, prayer is made to enlarge the applicant on bail.

Shri Vivek Lakhera, learned Government Advocate for the State opposes the prayer. However, he admits that there is no FSL and DNA report.

Taking all these facts and circumstances into consideration, prosecutrix is already examined, applicant is in custody since 05.06.2021 and trial is going to take time, there are no chances of tampering with the evidence, therefore, without commenting anything on merits of the case, this bail application is allowed.

It is directed that applicant - Jitendra Salame be released on bail on his Signature Not Verified SAN furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy as per rules.

(VIVEK AGARWAL)

JUDGE Tabish Signature Not Verified SAN