Order on Board

17.10.2022 The applicant has preferred this frst bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 509 of 2021 registered in Police Station Arang, District Raipur, CG for offence punishable under Sections 3s3, 3ss, 36si3) of IPPC and Section 4 of POCSO Act.

2. Case of the prosecution in brief is that the complainant has missing report to concerned police station Arang against unknown persons that the prosecutrix has gone to any place from her house without any information given to her parents but she did not return in the house and no any information has received about the prosecutrix to her relatives, and police has registered the FIPR against unknown persons for the offence u/s

3s3 IPPC and after recovered the prosecutrix, the police has registered the aforesaid offence against the present applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that written statement of the prosecutrix along with afdavit has also been fled and she has not supported the case of the prosecution and applicant is in jail since 11.09.2021, trial is not concluded as yet, therefore, he may be enlarged on bail.

4. State counsel opposes the application and submits that looking to the seriousness of the allegations made against the present applicant, he is not entitled for bail.

5. On 2s.08.2022 Prosecutrix along with her mother appeared through Video Conferencing from the concerned DLSA and raised no objection to the bail being granted to the applicant.

s. IP have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, looking to the fact that applicant is in jail since 11.09.2021, trial may take some time for conclusion, without commenting anything on the merits of the case, IP am inclined to enlarge the applicant on bail.

8. Accordingly, the bail application is allowed and it is directed that on applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that :-

a) he shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) he shall not make any attempt to tamper with the prosecution witnesses.

8. The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being infuenced by any observation made hereinabove.

Certifed copy as per rules.