- (1.)Petitioner has filed this second repeat application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one which was dismissed on merit 24/12/2019 with liberty to come again after examination of prosecutrix or if the trial gets further delayed whichever is earlier. Petitioner has been arrested on 29/10/2019 by Police Station Cant, District Guna (M.P.) in connection with Crime No.878/2019 registered in relation to the offences punishable u/Ss.376(1), 366 and 506-II of IPC.
(2.)Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. New ground raised herein is that prosecutrix has been examined on 19/2/2020.
Considering the aforesaid and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the possibility of the petitioner fleeing from justice, this Court is though inclined to extend benefit of bail to the petitioner but with certain stringent conditions in view of nature of offence.

(3.)Accordingly, without expressing any opinion on merits of the case, application is allowed and it is directed that petitioner be released on bail on furnishing a personal bond in the sum of Rs.50,000.00 (Rs. Fifty Thousand only) with two solvent sureties, each of Rs.25,000.00, to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the petitioner :-

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

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

3. The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The petitioner shall not commit an offence similar to the offence of which he is accused;

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

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

7. The petitioner shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of village/Tehsil of residence of the petitioner for three (3) hours including Sunday everyday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health Centre situated in close vicinity to the place of residence of petitioner. Compliance of this condition shall be ensured and verified by issuing certificate to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality concerned. This certificate shall be filed before the Registry of this Court once in every month. If the Registry finds that either the compliance report is not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench. A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.