Madhya Pradesh High Court
Harish @ Hari vs The State Of Madhya Pradesh on 13 January, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
The High Court Of Madhya Pradesh, Bench At Indore
M.Cr.C No.1773/2022
(Harish @ Hari and Jagesingh Vs. State of MP)
1
INDORE; DATED - 13/01/2022
Shri Ashish Gupta, learned counsel for the applicant.
Shri Viraj Godha, learned counsel for the respondent/State.
With the consent, heard finally.
ORDER
This is first application of the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.321/2021 registered at Police Station Nanpur, Alirajpur for the offences under Sections 376(2)(k), 376(2)(n), 376D, 344, 506 and 34 of the IPC.
Taking into consideration the statement of the prosecutrix, it is clear that she had travelled at different places alongwith the accused persons but did not raise any alarm at any point of time. Further, allegation has been made against the accused Jhandu for committing rape with her. The medical report is nil in the case.
In view of the aforesaid, I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicants- Harish @ Hari S/o Khemla and Jagesingh S/o Naharsingh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each of the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020"
and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the The High Court Of Madhya Pradesh, Bench At Indore M.Cr.C No.1773/2022 (Harish @ Hari and Jagesingh Vs. State of MP) 2 doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.
(Vijay Kumar Shukla) Judge sourabh Digitally signed by SOURABH YADAV Date: 2022.01.13 16:36:23 +05'30'