Madhya Pradesh High Court
Dileep Patel vs The State Of M.P. on 24 September, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-45709-2021
The High Court Of Madhya Pradesh
MCRC-45709-2021
(DILEEP PATEL Vs THE STATE OF M.P.)
2
Jabalpur, Dated : 24-09-2021
Heard through Video Conferencing.
Shri Abhinav Dubey, learned counsel for the applicant.
Shri Reji Mathai, learned panel lawyer for the respondent/State.
This is first bail application filed by the applicant under Section 439 o f the Code of Criminal Procedure.
T h e applicant is i n custody si nce 25.08.2021 in connection with Crime No.29/2021 registered at Police Station Mahila Thana, District Satna for the offence punishable under Sections 376 and 376(2)(N) of the IPC.
A s per prosecution story, on 24/08/2021 the prosecutrix is aged about 24 years, she lodged the report alleging that applicant/accused and prosecutrix is familiar since 2018. On 17.08.2018 applicant/accused committed intercourse with her on the false pretext of marriage. Thereafter applicant/accused committed intercourse with her on the false pretext of marriage so many times in different places. Thereafter, applicant/accused refused to marry with her then she lodged the FIR.
L e a r n e d counsel for the applicant/accused submits that the applicant/accused has been falsely implicated in this case. Prosecutrix is 24 years educated lady and applicant/accused also 25 years young boy. Both are established relation voluntarily. Applicant/accused did not commit intercourse with her on the false pretext of marriage. So no case is made out against the applicant/accused. FIR is lodged inordinate delay. Investigation is complete.NO further custodial interrogation is required in this case. He has no previous criminal antecedent. The applicant is in jail since 25.08.20201. It is the time of COVID-19 pandemic due to this conclusion of trial will take long time for final disposal. There is no probability of his absconding and tampering with the evidence of prosecution. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the the applicant prays for grant of bail to the applicant..
Per contra, learned P.L. opposes the bail application. Considering the contention of both the parties and the fact that the prosecutrix Signature Not Verified SAN is 24 years educated lady and applicant/accused is also 25 years young boy, there Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.24 17:26:44 IST 2 MCRC-45709-2021 is long cohabitation between both the parties, during that period, prosecutrix did not raise any objection, investigation is complete. no further custodial interrogation is required in this case, Applicant/accused is in jail since 28.08.2021, there i s no probability of his absconding or tampering with the prosecution evidence, it is the time of COVID-19 Pandemic due to this trial will take time for final disposal, it is not proper to keep the petitioner in jail during whole the trial, it would be appropriate to release the applicant on bail, therefore, without commencing 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 - Dileep Patel be released on bail on his furnishing a personal bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with o ne solvent surety i n the like amount t o the satisfaction o f the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.
It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply 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 b e 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 disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. M.Cr.C. stands disposed of.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.24 17:26:44 IST