Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 28 April, 2020
Equivalent citations: AIRONLINE 2020 MP 1373
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.12635/2020
( Deepak Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 28/4/2020
Shri V.K.Jha, Advocate for the applicant.
Shri Aditya Singh Ghuraiya, Public Prosecutor for the
respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Kolaras, District Shivpuri, in connection with Crime No.445/2019 registered in relation to the offences punishable under sections 366, 376 of the IPC and 3/4 of the POCSO Act, 2012.
Allegations against the applicant, in short, are that he enticed the prosecutrix, a minor aged about 17 years, to various places and subjected her to forcible sexual intercourse..
Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 20/12/2019. The prosecutrix in her statement recorded under section 164 of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.12635/2020 ( Deepak Vs. The State of Madhya Pradesh ) (2) Cr.P.C. has categorically stated that she had gone with the applicant on her own volition and the applicant never raped her. In fact she was a consenting party. It is further submitted that during trial the prosecutrix and her father have turned hostile. Applicant is a permanent resident of Saraskhedi, P.S. Isagarh, District Ashoknagar and there is no likelihood of his absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the borderline age of 17 years of the prosecutrix, the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Deepak S/o Shyamlal Prajapati be released on bail on HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.12635/2020 ( Deepak Vs. The State of Madhya Pradesh ) (3) furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. If the applicant commits any offence while on bail, this order shall automatically stand cancelled without reference to the Court.
Learned Public Prosecutor is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.12635/2020 ( Deepak Vs. The State of Madhya Pradesh ) (4) for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTA VA 2020.04.28 19:33:21 +05'30'