The court grants bail considering prolonged trial and statement of the prosecutrix turning hostile.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 14 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 46373 of 2025 AKASH SEN Versus THE STATE OF MADHYA PRADESH Appearance:

Ms. Divyanshi Kushwah - Advocate for the applicant.

Shri Mohit Shivhare - PP for the respondent/State.

ORDER This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn vide order dated 07.08.2025 in M.Cr.C. No.19670/2025 with liberty to file fresh application after examination of the prosecutrix.

2. The applicant has been arrested on 16.04.2025 in connection with crime No.19/2025 registered at Police Station Karhaiya District Gwalior for offence punishable under Sections 64 , 74, 76, 78, 127(2), 115(2) of BNS and Section 3 /4, 7/8, 11/12 of POCSO Act .

3. The allegations against the applicant include rape and offences under the POCSO Act in respect of a minor prosecutrix aged around 17 years

02 months.

4. Learned counsel appearing for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. It is Signature Not Verified Signed by: NEETU further submitted that after rejection of his first bail application, prosecutrix has been examined and in her court statement she has not supported the story of the prosecution and has turned hostile. Charge-sheet in the matter has been filed and therefore, further custodial interrogation of the applicant is no more required. It is further submitted that the trial is likely to take considerable time and the applicant, being a permanent resident of District Gwalior, will not abscond or tamper with the prosecution evidence. On these grounds, prayer has been made to extend the benefit of bail to the applicant.

5. Per contra, learned counsel for the State has vehemently opposed the application and prayed for its rejection.

6. Heard counsel for the parties and perused the case diary.

7. Considering all the facts and circumstances of the case, arguments advanced by both the parties coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

8. Accordingly, without commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

9. This order will remain operative subject to compliance of the following conditions by the applicant:-

Signature Not Verified Signed by: NEETU

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

10. Copy of this order be sent to the trial Court concerned for compliance.

11. Certified copy as per rules.