Madhya Pradesh High Court
Mohan @ Manohar vs The State Of Madhya Pradesh on 6 May, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-15508-2021
The High Court Of Madhya Pradesh
MCRC-15508-2021
(MOHAN @ MANOHAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-05-2021
Heard through Video Conferencing.
Shri DK Singore, learned counsel for the applicant.
Shri SD Mishra, learned PL for the respondent/State.
Shri Ghanshyam Barman, learned counsel for the Objector. PDF of the Case diary is available with the learned panel lawyer for the State.
This is the third bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 300/2018 registered at P.S. Nainpur District Mandla (M.P.) for the offence punishable under sections 363, 366D, 376, 506 of the IPC and 3,4 of the POCSO Act.
The previous applications have been dismissed by this court on 10.07.2019 in M.Cr.C. No. 22814/2019 for want of prosecution and for non- compliance of peremptory order vide order dated 11.01.2021 in M.Cr.C. No. 50083/2020 respectively.
As per the prosecution story, applicant is alleged to have abducted and committed rape upon the prosecutrix, who is a minor.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 15.04.2018 and due to Covid situation there is no progress in the trial. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned counsel for the applicant has also drawn attention of this court to the statement of the prosecutrix recorded under section 164 of the Cr.P.C. to state that she has not made any serious allegation against the applicant regarding commission of rape on her.
Signature Not SAN Verified Learned panel lawyer for the State and objector have opposed the Digitally signed by MANVENDRA SINGH PARIHAR Date: 2021.05.07 10:28:26 IST 2 MCRC-15508-2021 submissions made on behalf of the applicant and prayed for rejection of the bail application.
Looking to the facts and circumstances of the case and in view of the statement of the prosecutrix recorded under section 164 of the Cr.P.C. in which she has not made any serious allegation regarding commission of rape against the applicant, and period of custody and in near future there is no hope that trial will proceed further and will be concluded due to Covid situation, this application is allowed without commenting anything on the merits of the case. It is ordered that applicant/accused Mohan @ Manohar be released on bail on his furnishing a personal bond for the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicant show symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.
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 Officer, as the case may be;
3 MCRC-15508-2021
4. The applicant shall not commit any offence during the entire period of bail.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court;
7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and
8. The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.
Certified Copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE MSP