Madhya Pradesh High Court
Gaurav Vinchurkar vs The State Of Madhya Pradesh on 9 November, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-10795-2021
The High Court Of Madhya Pradesh
MCRC No. 10795 of 2021
(GAURAV VINCHURKAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-11-2021
Shri Sankalp Kochar, Advocate for the applicant.
Ms. Hemlata Kshatriya, PL.for the respondent/State.
None for the respondent no. 2 though 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 31.10.2020 in connection with Crime No. 653/2020 registered at P.S.- Lalbaugh District-Burhanpur (M.P.) for the offence punishable under Sections 376, 376(1)(2)(3), 342, 506 of IPC and Section 5 j(2), 6 of POCSO Act.
Prosecution story, in short, is that the prosecutrix below 16 years lodged the report that on 01.02.2020 applicant-accused confined her in a room and committed intercourse with her, due to which she became pregnant, then she disclosed the incident to her parents.
Learned counsel for the applicant submits that applicant/ accused has falsely been implicated in this case. During the trial statement of prosecutrix and her parents are recorded by learned trial court, it appears from the statement of these witnesses that at the time of incident prosecutrix was above 18 years. Applicant-accused is also 22 years. Both love each other, during trial prosecutrix and her parents did not support the case of prosecution, they declared hostile by the prosecution. Prosecutrix and her parents did not allege any fact against the present applicant-accused, so no case is made out against the applicant- accused. Applicant-accused has no previous criminal antecedent. Applicant /accused is in jail since 31.10.2020. Charge sheet has been filed. Trial will take time for its final disposal. There is no probability of Signature Not Verified SAN Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.09 17:53:01 IST 2 MCRC-10795-2021 his absconding or tampering with the evidence of prosecution witnesses. Applicant-accused is breadwinner of his family, if he is kept in custody for an unlimited period, then future of his family will be spoiled. On these grounds, learned counsel for the applicant prays for allowing this bail application.
P.L. for the respondent opposed the bail application stating that DNA report is positive and at the time of incident prosecutrix was below 16 years so applicant is not entitled for bail.
Considering the contention of both the parties and this fact that age of the prosecutrix is disputed, during the trial prosecutrix and her parents did not allege any fact against the present applicant-accused, applicant/accused is in jail since 31.12.2020, charge sheet has been filed, trial will take time for its final disposal, there is no probability of his absconding or tampering with the evidence of prosecution witnesses. so, it would not be appropriate to keep the applicant in jail whole the trial. therefore, 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.
It is directed that the applicant-Gaurav Vinchurkar be released on bail on his furnishing a bail 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 concerned trial Court for his appearance before it on the dates given by the concerned Court. Applicant is directed to comply the provisions of Section 437(3) of 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 motto W.P.No.1/2020, it would be appropriate to issue the following Signature Not Verified SAN direction to the jail authority:-
Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.09 17:53:01 IST3 MCRC-10795-2021
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.
Learned counsel for the State is directed to inform the Victim about this order by supplying a copy of this order.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA Signature Not Verified SAN Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.09 17:53:01 IST