An accused is entitled to bail after two years of incarceration, even for offences under the POCSO Act, if there is no chance that he will be able to influence the witness or tamper with evidence.

ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail who is in custody since 11.01.2022 relating to FIR No.250/2021 registered at Police Station Jawa District Rewa (M.P.) for the offences under Sections 363, 366, 120-B, 109, 376(2)(n), 376(3) of the IPC and Sections 5/6 r/w 17 of the POCSO Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 11.01.2022. He has falsely been implicated in the case. Investigation is complete and charge sheet has been filed. Prosecutrix has been examined in the Court and now there is no chance that applicant will be able to influence the witness or tamper with evidence. Hence, he may be granted bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that prosecutrix is minor and less than 16 years of age. She has specifically stated that applicant has rapped on her. Hence, he may not be granted bail. 4. Heard the counsel for the parties. 5. Applicant is in jail since last more than two years. Prosecutrix has been examined in the Court and now there is no chance that applicant will be able to influence the witness or tamper with evidence. Considering aforesaid facts of the case, without commenting on the merits of the case, bail application filed by applicant is allowed.

6. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules. (VISHAL DHAGAT) JUDGE pn Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 3/20/2024 3:47:21 PM