Criminal Procedure Code, 1973
Section 439—Regular bail—Rejection of bail application by the High Court—Appeal—Offences registered under Sections 363, 366A, 376(2)(n), 376D, 323, 342 and 456 of IPC and Section 67A of the Information Technology (Amendment) Act and Sections 3, 4, 5(1), 5(g) and 6 of the Protection of Children from Sexual Offences Act—Submission that the appellant has been in jail for the last about fourteen months and has been co-operating with the trial also; that even according to the State out of twenty one witnesses only three more witnesses have to be examined—As per deposition of the so-called victim, it is apparent that she has turned hostile; that in all probability, the appellant would be acquitted—Further submission that appellant may also like to lead his defence evidence for which it is necessary that he is released from jail so as to prepare his defence evidence—Considering the facts on record, the case for bail is made out—Appellant ordered to be released on bail subject to terms and conditions that may be imposed by the trial court as it deems fit for the purpose—Appeal allowed.
[Paras 7 & 9]