Madhya Pradesh High Court
Anit Shrivastava vs The State Of Madhya Pradesh on 3 August, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-28721-2021
The High Court Of Madhya Pradesh
MCRC-28721-2021
(ANIT SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 03-08-2021
Heard through Video Conferencing.
Shri Prashant Kohade, learned counsel for applicant.
Shri Santosh Yadav, Panel Lawyer for the respondent-State.
None for the Victim, though notice has been served. This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 1.3.2021, in connection with Crime No.93/2021, registered at Police Station Khamaria, Jabalpur (M.P.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC & 3/4 of POCSO Act.
A s per prosecution story, on 1.3.2021, prosecutrix aged 17 years, lodged the First Information Report against the accused/applicant. It is alleged by her that on 25.2.2021 at about 11:00 PM in the night, accused/applicant committed intercourse with her on the false pretext of marriage, but she did not disclosed the incident to anyone. On 1.3.2021, prosecutrix disclosed all the incident to her mother and lodged the report.
Learned counsel for the applicant submits that applicant has b e e n falsely implicated in this case. At the time of incident, prosecutrix was above 18 years. FIR was lodged in an inordinate delay. It is evident from the statement of prosecutrix that incident was disclosed on the same day, but she did not lodge any report. It appears that prosecutrix was pressurised to lodge the report against Signature Not Verified the accused/applicant. Accused/applicant is young boy of 22 years.
SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.03 17:28:07 IST2 MCRC-28721-2021 Accused/applicant is in custody since 1.3.2021. Accused/applicant is 22 years age of young boy and he is labour, bread earner of his family and if he is kept in custody for an unlimited period, then his future of his family will be spoiled. Charge sheet has been filed. It is the time of COVID-19, Pandemic, so conclusion of trial will take long time.
There is no previous criminal antecedent against the accused/applicant. Prosecutrix was examined by doctor, but no injury was found on her body. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. Considering the contention of both the parties and this fact that age of prosecutrix is disputed, FIR is lodged in an inordinate delay, it appears from the record that incident came to knowledge of his family members on the same day, accused/applicant is young boy of 22 years, applicant has no previous criminal antecedent, he is in jail since 1.3.2021, charge sheet has been filed, conclusion of trial will take time, accused/applicant is bread earner of his family, it is the time of COVID-19, Pandemic, so conclusion of trial will take long time, accused/applicant is labour, he is bread earner of his family and if he is kept in custody for an unlimited period, then future of his family will be spoiled, there is no probability of his absconding or tampering with the prosecution evidence, therefore, it would not be appropriate to keep the accused/applicant in jail during whole the trial, hence, 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.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.03 17:28:07 IST3 MCRC-28721-2021 It is directed that applicant-Ankit Shrivastava be released on bail on his furnishing a personal bail bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties of Rs. 50,000/-(Rupees Fifty Thousand) each to the satisfaction of the JMFC concerned or 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 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 :-
Signature Not Verified1. The Jail Authority shall ensure the medical examination of SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.03 17:28:07 IST
4 MCRC-28721-2021 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 disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
State is directed to inform about passing of this order to the victim and supply a copy of the order to her.
Certified copy as per rules.
M.Cr.C. is disposed of.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.03 17:28:07 IST