ARBAJ KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is fifth application filed by the applicant under Sec. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.664/2022 registered at Police Station - Bargi, District Jabalpur for offences punishable under Sec. 363,376,376(3) of IPC and sec. 3,4 of POCSO Act. Applicant is in detention since 21/12/2022. His earlier three bail applications were dismissed as withdrawn and not pressed, however, fourth application was dismissed vide order dtd. 7/8/2025 passed in M.Cr.C.No.29471/2025 with a direction to the trial court for expedite the trial and conclude the same by examining all witnesses within a period of six months.

(2.) As per prosecution story, the applicant repeatedly committed aggravated penetrative sexual assault upon a minor prosecutrix aged 12 years. F.I.R was registered. After investigation charge sheet has been filed.

(3.) The counsel for the applicant submits that applicant is behind bar since 21/12/2022 and trial is still not over. After referring to testimony of prosecutrix's mother, it is urged that prosecutrix was major on the date of incident. Further, it is also not established from evidence on record that sample of the applicant was sealed on the spot. It is submitted that while considering the fourth application, on 7/8/2025, court had directed for expeditious disposal of the trial and S.P., Jabalpur was directed to ensure that witnesses summoned by the trial Court are kept present on the date fixed by the trial Court and if the witnesses are not kept present on the date fixed by the trial Court, then, SP, Jabalpur shall be personally liable for the same and further and S.P. Jabalpur shall also ensure that all the witnesses are kept present for examination before trial Court within a period of 6 months from the date of receipt of copy of this order and trial Court shall fix the date accordingly. However, despite this direction till today, out of 20 prosecution witnesses only 09 witnesses have been examined. This is one of the cause for delay in trial and fate of the accused is jeopardized due to such in action on the part of the concerned persons. After investigation charge sheet has already been filed. Applicant is behind the bar since 21/12/2022. Prosecutrix is major girl. Conclusion of the trial will take considerable time, therefore, due to change in circumstances, the applicant be released on bail.