Madhya Pradesh High Court
Sunil Ahirwar vs The State Of Madhya Pradesh on 11 June, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
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The High Court Of Madhya Pradesh
MCRC-27915-2021
(SUNIL AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:-11/06/2021
Heard through Video Conferencing.
Shri J.P. Mishra, learned counsel for the applicant.
Shri Rohit Shrivastava, learned Panel Lawyer for the
respondent/State.
Shri Anshu Gupta, learned counsel for the complainant. I.A.No.16635/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 17/03/2021 in connection with Crime No.169/2021 registered at Police Station Dehat Basoda, District Vidisha for offence under Sections 366, 376(2)(n) of I.P.C.
It is submitted by learned counsel for applicant- Sunil Ahirwar that the applicant has not committed any offence. He has falsely been implicated in the case. The applicant is innocent. He is in custody since 17/03/2021. Investigation is about to complete and charge-sheet is soon. It is further submitted that the case is of consent as the age of the prosecutrix is more than 18 years and in support of his arguments, copies of photographs of the prosecutrix alongwith applicant has been produced during the course of arguments. It is also submitted that remaining investigation and trial will take its own time. Hence, prayed for grant of bail to the applicant. He further undertakes to abide by all 2 The High Court Of Madhya Pradesh MCRC-27915-2021 (SUNIL AHIRWAR Vs THE STATE OF MADHYA PRADESH) 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.
Per contra, learned State counsel as well as counsel for the complainant opposed the bail application and have submitted that the case is registered under sections 366, 376(2)(n) of I.P.C. investigation is going on. It is further submitted that statements under Section 164 of Cr.P.C. were recorded wherein, the complainant/prosecutrix has specifically stated against the present applicant and has submitted that offence under Section 376 of I.P.C. had been committed by the applicant and there was no any consent on the part of the prosecutrix. Therefore, considering the statement recorded under Section 164 of Cr.P.C., prayed to reject the bail application.
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 this case and looking to the custody period of the present applicant, without commenting upon the merits of this case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing 3 The High Court Of Madhya Pradesh MCRC-27915-2021 (SUNIL AHIRWAR Vs THE STATE OF MADHYA PRADESH) personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety to the satisfaction of the Court concerned for his 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 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 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/s :-
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The High Court Of Madhya Pradesh MCRC-27915-2021 (SUNIL AHIRWAR Vs THE STATE OF MADHYA PRADESH)
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge himself/herself/themselves 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/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order shall stand cancelled automatically;
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant/s will inform the SHO of concerned Police Station about his/her/their 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, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2021.06.14 11:42:06 +05'30'