Madhya Pradesh High Court
Sitaram Ahirwar vs The State Of M.P. on 3 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-53400-2020
The High Court Of Madhya Pradesh
MCRC-53400-2020
(SITARAM AHIRWAR Vs THE STATE OF M.P. AND OTHERS)
Jabalpur, Dated : 03-06-2021
Heard through Video Conferencing.
Shri Madan Singh, Advocate for the applicant.
Shri Ajay Shukla, PL for the respondent/ State.
None for the victim although the notice has been served on the victim.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 05.02.2020 in connection with Crime No. 69/2020 registered at Police Station-Talaiya District-Bhopal (M.P.) for the offence punishable under Sections 363, 366 & 376 of IPC and 3/4 of POCSO Act.
A s per prosecution story, on 29.01.2020, prosecutrix aged about 16 years was missing from her house. She was searched but not found. FIR was lodged. Thereafter prosecutrix was recovered on 05.02.2020 from the possession of the present applicant-accused. She stated that present applicant-accused kidnapped and committed intercourse with her.
Learned counsel for the applicant/accused submits that applicant has falsely been implicated in this case. Actually at the time of incident prosecutrix was above 18 years. Applicant accused about 20 years. Both love each other, they want to solemnize marriage b ut parents of the prosecutrix were not ready to accept their relation, so prosecutrix voluntarily came to the applicant, thereafter she pressurized the present applicant-accused to run away and if the applicant-accused will not accept her proposal, then she will commit suicide, then applicant Signature Not Verified SAN Digitally signed by ARVIND KUMAR MISHRA Date: 2021.06.03 17:20:56 IST 2 MCRC-53400-2020 accused and prosecutrix ran away. Thereafter, prosecutrix was recovered then prosecutrix was pressurized to give false statement against the present applicant-accused. During the investigation statement of prosecutrix under Section 164 of Cr.P.C. was recorded in which she stated all the story, so no case is made out against the present applicant-
accused. Applicant has no previous criminal antecedent. Applicant- accused is in jail s i nce 05.02.2020. Charge-sheet has been filed. Conclusion of trial w i l l take time. There is no possibility of his absconding or tampering with the prosecution evidence. It is the time of COVID-19 Pandemic due to which trial will take the time for final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for the State submits that prosecutrix is below 18 years, therefore, applicant is not entitled for grant of bail, so he opposes the bail application.
Considering the contention of both the parties and fact that age of prosecutrix is disputed, it appears that it is a matter of love affair, both love each other, they want to solemnize marriage b ut parents of the prosecutrix were not ready to accept their relation, so prosecutrix voluntarily came to the applicant, applicant-accused is in jail since 05.02.2020, charge-sheet has been filed, it is the time of COVID-19 due to which conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, so, it would not be appropriate to keep the applicant in jail whole the trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Sitaram Ahirwar be released on bail Signature Not Verified SAN on his furnishing bail bond in the sum of Rs. 1,00,000/-(Rupees One Digitally signed by ARVIND KUMAR MISHRA Date: 2021.06.03 17:20:56 IST 3 MCRC-53400-2020 Lac Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court.
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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit any offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Virus Signature Not Verified SAN Digitally signed by ARVIND KUMAR MISHRA Date: 2021.06.03 17:20:56 IST 4 MCRC-53400-2020 disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
State is directed to inform the victim about this order and also to provide a copy of this order to the victim.
Certified copy as per rules.
M.Cr.C. is disposed of.
(RAJENDRA KUMAR SRIVASTAVA) V. JUDGE MISHRA Signature Not Verified SAN Digitally signed by ARVIND KUMAR MISHRA Date: 2021.06.03 17:20:56 IST