Madhya Pradesh High Court
Santosh Verma vs The State Of M.P. on 27 April, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-10088-2021
The High Court Of Madhya Pradesh
MCRC-10088-2021
(SANTOSH VERMA Vs THE STATE OF M.P. AND OTHERS)
6
Jabalpur, Dated : 27-04-2021
Heard through Video Conferencing.
Shri Saurabh Shrivastava, learned counsel for the applicant.
Ms. Shanti Tiwari, learned Panel Lawyer for the respondent/State.
Shri Sumit Kanojiya, learned counsel for the complainant. T he applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 15/1/2021 by Police Station Obedullaganj, Distt. Raisen(M.P.) in connection with Crime No.348/2019 registered for offence under Section 363, 376(3) 376(2)(n) of the IPC and Section 5 J(ii), 5 (L), 6 of the POCSO Act.
It is submitted by learned counsel for the applicant- Santosh Verma that the applicant has not committed any offence. Applicant has falsely been implicated in this case. Applicant is in custody since 15/1/2021. It is further submitted that the applicant is aged around 20 years. The prosecutrix is aged around 17 years. Now, the investigation is complete and charge-sheet has been filed. Trial will take its own time. The applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant. Applicant further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned State counsel has vehemently opposed the application and submitted that rape has been committed with the prosecutrix and she is having one child. Hence, prayed to reject this bail application.
Learned counsel for the complainant has no objection with regard to grant of bail to the present applicant.
2 MCRC-10088-2021 Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.
Considering the facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for her regular appearance before the trial Court concerned on the dates fixed by it.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.
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 himself in extending inducement, threat or promise to any person acquainted with
3 MCRC-10088-2021 the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any offence similar to the offence of which he is accused. In case of repetition of same nature of offence, this bail order shall automatically stand cancelled;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned police station for information.
Application stands allowed and disposed of.
E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE Pawan Kumar 2021.04.27 17:25:01 +05'30'