Madhya Pradesh High Court
Manish vs The State Of Madhya Pradesh on 23 June, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 25559/2021
(Manish vs. State of M.P. & Anr.)
Gwalior, Dated: 23/6/2021
Heard through video conferencing.
Shri H.K. Shukla, learned counsel for the applicant.
Shri Ravindra Singh Kushwah, learned Deputy Advocate
General for respondent No.1-State.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 23/1/2021 in connection with Crime No.45/2021 registered at Police Station Dehat, District Ashoknagar for offence under Sections 363, 366A, 376(AB) of IPC and Sections 5(1)/6 and 5(m)/6 of POCSO Act.
It is submitted by learned counsel for applicant Manish that the applicant has been falsely implicated. He has not committed any offence. Applicant is in jail since last 5 months. Now, statements have the prosecutrix and her parents (mother and father) have been recorded and they have not supported the prosecution case. Rather, they stated that no offence was committed with the prosecutrix. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel opposed the bail application and has submitted that the age of the prosecutrix is around 17 years. Hence, prayed for rejection of bail.
02 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25559/2021 (Manish vs. State of M.P. & Anr.) In reply, learned counsel for the applicant has submitted that the prosecutrix, in her deposition itself, has stated her age to be 19 years.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the fact that the prosecutrix and her parents did not support the prosecution case and have turned hostile as well as other facts and circumstances of the case, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail his furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
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 the test is found positive then the applicant shall be immediately sent to concerning hospital for her/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 03 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25559/2021 (Manish vs. State of M.P. & Anr.) 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 COVID-
19. 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/her in custody and would send him/her to the same jail from where he/she 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 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 an offence of which he 04 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25559/2021 (Manish vs. State of M.P. & Anr.) is accused;
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; and 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 Public Prosecutor 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/direction.
Digitally signed by ALOK KUMAR Date: 2021.06.23 14:55:34 +05'30' (Rajeev Kumar Shrivastava) AKS Judge