ORDER 1. This is the first application under section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.33/2022 registered at Police Station – Alot, District – Ratlam (M.P.) for offence punishable under section 450, 195-A, 376, 323, 506-II, 294 of IPC. 2. The applicant is in custody since 21.1.2022. 3. As per prosecution, on 20.1.2022 at about 07:00 PM the applicant forcibly entered into the house of prosecutrix on account of enmity between them regarding some old case, threatened her and committed rape upon her. Thereafter on the next day again he threatened her and abused her. On lodging of FIR by the prosecutrix, the present applicant has been implicated and has been arrested for the present offence. 4. Learned counsel for the applicant submits that prosecutrix has been examined before the trial Court and she has not supported the case of prosecution in any manner and has been declared hostile. She has specifically stated that applicant has not committed any rape upon her and no incident as alleged has ever taken place. Thus, in view of the statement of prosecutrix herself, the applicant is entitled to be released on bail particularly in view of the fact that he has remained in jail since 21.1.2022 and trial is still likely to take a long time for its conclusion. 5. The aforesaid prayer has been opposed by the learned Government Advocate for the non-applicant/State submitting that in view of the allegation levelled against the applicant and the material collected by the prosecution against him, he is not entitled to be released on bail only on the basis of statement of prosecutrix recorded before the trial Court. 6. I have heard learned counsel for the parties and have perused the case-diary as well as statement of prosecutrix recorded before the trial Court. 7. The prosecutrix has been examined before the trial Court and she has not supported the case of prosecution in any manner and has been declared hostile. She has categorically stated that no rape has been committed upon her by the applicant. Thus, in view of the statement of prosecutrix, in my opinion, applicant who has remained in custody since 21.1.2022 and the fact that the trial shall still take a long time for its conclusion, applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Thus, in view of the statement of prosecutrix, in my opinion, applicant who has remained in custody since 21.1.2022 and the fact that the trial shall still take a long time for its conclusion, applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed. 8. It is also observed that after being released on bail, if the applicant again indulge himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the State/Prosecution shall be entitled to arrest the applicant in the present case also. 9. It is also directed that the applicant will abide by all the conditions enumerated under section 437 (3) of the Cr.P.C.