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Madhya Pradesh High Court

Shahid Kha Mewati vs The State Of Madhya Pradesh on 11 November, 2021

Author: Rajendra Kumar Srivastava

Bench: Rajendra Kumar Srivastava

                                                                         1                           MCRC-39586-2021

                                              The High Court Of Madhya Pradesh
                                                      MCRC No. 39586 of 2021
                                                 (SHAHID KHA MEWATI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                        Jabalpur, Dated : 11-11-2021

                                              Shri Shafiqullah, Advocate for the applicant.

                                              Shri Lokesh Jain, Panel Lawyer for the respondent-State.

None for respondent No.2, though notice is served. This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 09.06.2021, in connection with Crime No.202/2021, registered at Police Station Bikisganj, District Sehore (M.P.) for the offence punishable under Sections 363, 366, 376 (2)(N) of IPC and Section 5/6 of POCSO Act, 2021.

A s per prosecution story, on 8.6.2021, prosecutrix aged 16 years lodged a written report against the accused/applicant. It is alleged by her that on 8.2.2021, accused/applicant committed intercourse with her. Thereafter, accused/applicant time to time committed intercourse with her. Thereafter, prosecutrix became pregnant, then she disclosed about the incident to all her parents and lodged the report.

L e a r n e d counsel for the applicant submits that accused/applicant has been falsely implicated in this case. At the time of incident, prosecutrix was above 18 years. During the trial, statements of prosecutrix and her father have been recorded by the learned trial Court. Prosecutrix stated that she is 19 years of age. She did not allege any fact against the accused/applicant. Although, prosecutrix and her father declared hostile by the prosecution, but they did not allege any fact against the accused/applicant with regard to this incident. Accused/applicant is in jail since 9.6.2021. Charge sheet has been filed. Conclusion of trial will take long time. Accused/applicant is labour, bread earner of his family and if he is kept in custody for an unlimited period, then future of his family will be spoiled. There is no probability of his absconding or tampering with the prosecution evidence. The accused/ applicant ready to furnish Signature Not Verified SAN bail as per the order, abiding with all conditions imposed by the Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.11 17:24:27 IST 2 MCRC-39586-2021 Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties, looking to the facts and circumstances of the case and the fact that age of prosecutrix is disputed, the statements of prosecutrix and her father have been recorded by the learned trial Court, prosecutrix and her father did not allege any fact with regard to this incident against the accused/ applicant, accused/applicant is in jail since 9.6.2021, charge sheet has been filed, accused/applicant is bread earner of his family, conclusion of trial will take long time, there is no probability of his absconding or tampering with the prosecution evidence, 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-Shahid Kha Mewati be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same 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.

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.

3 MCRC-39586-2021 Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.