Madhya Pradesh High Court
Mukesh Kushwaha vs The State Of Madhya Pradesh on 12 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-10096-2021
The High Court Of Madhya Pradesh
MCRC-10096-2021
(MUKESH KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 12-07-2021
Heard through Video Conferencing.
Shri B.K. Upadhyay, learned counsel for the applicant.
Shri V.S. Choudhary, learned P.L for the respondent/State.
Learned counsel for the respondent No.1/State submits that notice has been served upon mother of victim.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 01.04.2017 in connection with Crime No.119/2016 registered at Police Station-Ramnagar, District-Satna (M.P.) for the offence punishable under Sections 363, 366, 376 of the IPC as well as Section 3/4 of POCSO Act.
As per prosecution case, on 29.08.2016, prosecutrix below 16 years was missing from her house thereafter she was searched but not found. FIR was lodged. On 31.03.2017, prosecutrix was recovered from the possession of present applicant. It is alleged by the prosecution that the present applicant kidnapped the prosecutrix, took her to Gujrat and committed sexual intercourse with her, due to which she became pregnant and delivered a child.
Learned counsel for the applicant submits that the applicant is an innocent and has falsely been implicated in the case. At the time of incident, prosecutrix was above 18 years.During investigation statement of prosecutrix was recorded under Section 164 of Cr.P.C. Prosecutrix did not allege any fact against the present applicant-accused. Actually prosecutrix and present applicant loved each other but parents of the prosecutrix were not ready to accept their relationship, therefore, prosecutrix voluntarily came to the present applicant, thereafter on 31.03.2017, prosecutrix was recovered and present applicant-accused was arrested on 01.04.2017, so prosecutrix was Signature Not Verified SAN pressurized to give false statement against the present applicant-accused.
Digitally signed by PALLAVI SINHA Date: 2021.07.12 17:38:12 IST2 MCRC-10096-2021 During the trial prosecutrix was not produced by her parents, so applicant- accused is in jail continuously since 01.04.2017 till now. Charge-sheet has been filed. It is the time of COVID-19 Pandemic, due to which trial will take time for its final disposal. There is no probability of his absconding or tampering with the evidence of prosecution witnesses. Applicant is breadwinner of his family, if he is kept in custody for unlimited period then future of his family will be spoiled. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Learned P.L. for respondent-State opposes the bail application. Considering the contention of both the parties and this fact that the age o f prosecutrix is disputed, it appears that it is a matter of love affair, applicant is in custody since 01.04.2017 charge-sheet has been filed, it is the time of COVID-19 Pandemic, due to which trial will take time for its final disposal, there is no probability of his absconding or tampering with the evidence of prosecution witnesses, prosecutrix is not produced by her parents before the trial court for evidence, therefore, it would not be appropriate to keep the applicant in custody whole the trial so, without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Mukesh Kushwaha be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned 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 with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo Signature Not Verified SAN moto W.P.No.1/2020, it would be appropriate to issue the following Digitally signed by PALLAVI SINHA Date: 2021.07.12 17:38:12 IST 3 MCRC-10096-2021 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 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 this order to the Victim and also provide a copy of this order to the Victim.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Pallavi Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.07.12 17:38:12 IST