Madhya Pradesh High Court
Dushyant Kumar Panika @ Kanha Panika vs The State Of Madhya Pradesh on 23 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-16820-2021
The High Court Of Madhya Pradesh
MCRC-16820-2021
(DUSHYANT KUMAR PANIKA @ KANHA PANIKA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 23-06-2021
Heard through Video Conferencing.
Shri Satya Prakash Mishra, Advocate for the applicant.
Shri Kishore Roy, Panel Lawyer for the respondent-State.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 4.2.2021, in connection with Crime No.1/2021, registered at Police Station Bhuimad, District Sidhi (M.P.) for the offence punishable under Sections 376, 376(2)(H), 450 of IPC.
As per prosecution story, on 2.1.2021, prosecutrix aged 32 years lodged the report against the accused/applicant that accused/applicant committed intercourse with her on the false pretext of marriage since 25.3.2019 to 19.3.2020. Thereafter, accused/applicant had gone to another place. When accused/ applicant did not return, then prosecutrix lodged the report.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Accused/applicant is 25 years young boy. Prosecutrix is 32 years of age. She is already married woman, so it is a matter of consent. No case is made out against the accused/applicant. Accused/applicant is in custody since 4.2.2021. Charge sheet has been filed. It is the time of COVID-19 Pandemic, so conclusion of trial will take long time. Accused/applicant is bread earner of his family and if he is kept in custody for an unlimited period, then future of his family will be spoiled. FIR is lodged in an inordinate delay. There is no probability of his absconding or tampering with the evidence of prosecution. The accused/ applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for the State opposes the bail application.
After hearing arguments of the parties and the fact that prosecutrix Signature Not Verified SAN is aged 32 years, prosecutrix is already married, accused/applicant is 25 Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.23 17:22:37 IST 2 MCRC-16820-2021 years of age, FIR is lodged in an inordinate delay, the applicant is in jail since 4.2.2021, charge sheet has been filed, the trial will take time for final disposal due to COVID-19, there is no probability of his absconding or tampering with the prosecution evidence, the applicant is bread earner of his family, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Dushyant Kumar Panika @ Kanha Panika be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties of Rs.50,000/-(Rupees Fifty Thousand) each to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the applicant is suffering from 'Corona Vi r u s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
State is directed to inform the Victim about this order by supplying a copy of this order.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.23 17:22:37 IST