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Madhya Pradesh High Court

Gulab Singh vs The State Of Madhya Pradesh on 22 October, 2021

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                                      1                          MCRC-43574-2021
                                       The High Court Of Madhya Pradesh
                                                 MCRC-43574-2021
                                           (GULAB SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         3
                         Jabalpur, Dated : 22-10-2021
                                Heard through Video Conferencing.
                                Mr. Sourabh Singh, Advocate for the appellant.
                                Mr. Amit Bhurrak, Panel Lawyer for the respondent/State.

Heard.

This second bail application in the shape of criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellant seeking bail in connection with Crime No.432/2019 registered at Police Station Obedullaganj District Raisen, for the offence punishable under Sections 363, 366, 376(2)n, 372/34, 376D, 109 of the IPC, Section 5(L), 6, 17 of the POCSO Act and Section 3(2)(v) of SC/ST Act.

Learned counsel for the appellant submits that the appellant is in jail since 20/12/2019. He further submits that statement of prosecutrix has already been recorded, in which she has clearly stated that in the year 2018 she was 18 years old. He submits that present incident was occurred in the year 2019 and according to the statement of prosecutrix, she was major at that time. He further submits that prosecutrix has also admitted in her statement that her marriage was solemnized with the appellant as per her consent. He also submits that in such a circumstance, present appellant cannot be said to be an accused of Section 376 of IPC, therefore, he is entitled to be released on bail.

O n the other hand, learned Panel Lawyer opposes the prayer for grant of bail and submits that in view of the documents filed by the prosecution, prosecutrix was minor at the time of incident, therefore, her consent is immaterial.

Considering the aforesaid and the fact that the present appellant is under trial accused and is in jail since 20/12/2019, I am inclined to enlarge the appellant on bail. Therefore, without commenting anything on the merits of the case, this appeal is Signature Not Verified SAN allowed.

2 MCRC-43574-2021 It is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

It is further directed that the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the jail doctor is of the opinion that the appellant can be released, then he shall be released.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE sushma Signature Not Verified SAN Digitally signed by SUSHMA KUSHWAHA Date: 2021.10.23 13:51:31 IST