Madhya Pradesh High Court
Tejram @ Tejrao Bankhede vs The State Of Madhya Pradesh on 31 March, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-10265-2021
The High Court Of Madhya Pradesh
MCRC-10265-2021
(TEJRAM @ TEJRAO BANKHEDE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 31-03-2021
Shri S.K. Tiwari, Advocate for the applicant.
Shri Prasanjeet Chaterjee, Panel Lawyer for the respondent-State.
Heard.
The victim is present in person.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 12.12.2020, in connection with Crime No.568/2018, registered at Police Station Obedullaganj, District Bhopal (M.P.) for the offence punishable under Sections 366, 363, 376(3), 376(2)(n) of the IPC and section 5j(ii), 5l, 6 of the POCSO Act.
As per prosecution story, on 19.10.2018, the prosecutrix aged about 16 years was missing from her house. She was searched but not found then, FIR was lodged. On 15.12.2020 the prosecutrix was recovered. It is alleged by the prosecution that the present applicant/accused kidnapped her and took her Maharashtra and committed intercourse with her.
Learned counsel for the applicant/accused submits at the time of incident, the prosecutrix was above 18 years of age. The applicant/accused is also 21 years of age and they loved with each other but parents of the prosecutrix were not ready so the prosecutrix voluntarily came with the applicant/accused thereafter, they ran away and solemnized marriage. They blessed one daughter so the prosecutrix is wife of applicant/accused. The applicant did not commit any offence. He is in custody since 12.12.2020. Charge sheet has been filed in the present case. 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. Conclusion of trial will take time. There is no possibility of his absconding or tampering with the prosecution evidence.
Signature Not Verified SANApplicant is ready to furnish bail as per the order, abiding with all conditions Digitally signed by PANKAJ NAGLE Date: 2021.03.31 17:47:29 IST 2 MCRC-10265-2021 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.
The victim is present in person. She has stated that the applicant/accused is her husband and they blessed one daughter, therefore, she has no objection to grant bail to the applicant.
Considering the contentions of counsel for the parties and the fact that the applicant/accused has solemnized marriage with the prosecutrix and they blessed one daughter, the accused/applicant is in jail since 12.12.2020, charge sheet has been filed, conclusion of trial will take time for final disposal, there is no probability of his absconding or tampering with the prosecution evidence, he is bread earner of his family so it is not appropriate to keep the applicant-accused in jail for whole trial, 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-Tejram @ Tejrao Bankhede be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount 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.Signature Not Verified SAN
2 . The applicant shall not be released if he is suffering from 'Corona Digitally signed by PANKAJ NAGLE Date: 2021.03.31 17:47:29 IST 3 MCRC-10265-2021 Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE pn Signature Not Verified SAN Digitally signed by PANKAJ NAGLE Date: 2021.03.31 17:47:29 IST