The court established that prolonged incarceration and examination of key witnesses warranted the grant of bail.

1. They are heard. Perused the case diary / challan papers.

2. This is the third bail application filed by the applicant under Section

483 of BNSS, 2023 / 439 of Criminal Procedure Code , 1973, as he / she is implicated in connection with Crime No.55/2021 registered at Police Station Kshipra, District Indore (MP) for offence punishable under Section 363 , 366, 376(2)(n) of Indian Penal Code , 1860 and Section 5L/6 , 5J(ii) of POCSO Act . The applicant is lodged in jail since 15/02/2021. His earlier applications have been dismissed by this Court.

3. The allegation against the applicant is of abduction and rape.

4. Counsel for the applicant has submitted that the present application has been filed only on the ground of period of incarceration of the applicant as he is lodged in jail since 15/02/2021 and as such he has already completed four and half years of incarceration. It is submitted that his last bail was Signature Not Verified dismissed on merits with a further direction to the trial court to conclude the trial within a further period of four months from 06/02/2025. It is submitted that it has already been more than 4 months and two more witnesses are still to be examined. It is also submitted that the prosecutrix has resided with the applicant for around 8 days and her age is also disputed. Hence, it is submitted that the bail application be allowed and the applicant be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out looking to the earlier dismissal on merits as the age of the prosecutrix is 14 years and 8 months.

6. Having considered the rival submissions and on perusal of the case diary as also the documents filed on record, taking into account the fact that since the material witnesses have already been examined including the prosecutrix, there is no apprehension that the applicant would tamper with the prosecution evidence, period of incarceration which is four and half year and the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Signature Not Verified Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code , 1973.

Certified copy as per rules.