Nitesh @ Ritesh vs The State Of Madhya Pradesh on 2 July, 2021

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Madhya Pradesh High Court

Nitesh @ Ritesh vs The State Of Madhya Pradesh on 2 July, 2021

This is First application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.103/2021, Police- Station- Dhangaon- District-Khandwa for commission of the offence under Sections 363, 366, 376 (2) (n) of IPC and Section 5 (L)/6 of the Protection of Children from Sexual Offences Act, 2021 and Section 3(2)(VA) of SC/ST Act.

As per prosecution, it is alleged that on the pretext of marriage petitioner committed rape with the prosecutrix.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case. He further submits that at the time of alleged incident the prosecutrix was aged about 17 years and two months. It transpires from the statement of prosecutrix recorded under Section 164 of Cr.P.C. that the prosecutrix was having love affair with the petitioner and she had voluntarily gone with the petitioner. The petitioner is in custody since 23.05.2021. Conclusion of trial will take 2 M.Cr.C.No.26679/2021 sufficient time. Under these circumstances, learned counsel for the petitioner prays for grant of bail to the petitioner.

Learned counsel for the State on the other hand has opposed the application for bail by contending that on the pretext of marriage, petitioner committed rape with the minor prosecutrix, therefore, he is not entitled for grant of bail.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the petitioner is allowed. The petitioner is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner 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 motto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

M.Cr.C.No.26679/2021

1. The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2. The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE Nitesh Digitally signed by NITESH PANDEY Date: 2021.07.02 22:11:05 -07'00'

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Madhya Pradesh High Court