Madhya Pradesh High Court
Mohd. Shakiluddin vs The State Of Madhya Pradesh on 8 September, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-37870-2021
The High Court Of Madhya Pradesh
MCRC-37870-2021
(MOHD. SHAKILUDDIN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-09-2021
Heard through Video Conferencing.
Shri Surdeep Khampariya, counsel for the applicant.
Shri S.K. Malvi, Panel Lawyer for the respondents-State.
Heard.
This is second application on behalf of applicant under Section 439 of the Code of Criminal Procedure.
First application of the applicant was dismissed as withdrawn vide order dated 07.01.2021 passed in MCRC No. 53693/2020 with liberty move a fresh application after recording of the statement of the prosecutrix.
Applicant is in custody since 15.12.2020 in connection with Crime No. 304/2020 registered at Police Station Kotma, District Anuppur for the offences punishable under Sections 376, 506-B, 384, 354-C and 376 (2)(n) of the Indian Penal Code.
Learned counsel for the applicant submits that the statement of the prosecutrix has been recorded in the court and she has been declared hostile, as she has not supported the story of the prosecution. He submits that he has also filed the statement of the prosecutrix alongwith IA No. 16191/2021. Therefore, considering the statement of the prosecutrix, applicant may be granted bail.
Learned counsel for the respondent-State has opposed the bail application.
Considering the statement of the prosecutrix, without commenting anything on merit of the case, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- with a surety bond of the like amount to the satisfaction of trial Court concerned.
Signature Not Verified SANI t is further directed that the applicant shall abide by the conditions Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.09.15 13:34:50 IST 2 MCRC-37870-2021 enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE RAGHVENDRA Signature Not Verified SAN Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.09.15 13:34:50 IST