Madhya Pradesh High Court
Sivaji @ Siva @ Shivji Kewat vs The State Of Madhya Pradesh on 18 August, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-24801-2021
The High Court Of Madhya Pradesh
MCRC-24801-2021
(SIVAJI @ SIVA @ SHIVJI KEWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)
6
Jabalpur, Dated : 18-08-2021
Heard through Video Conferencing.
Shri K.S. Rajpoot, learned counsel for the applicant.
Shri Rajesh Sharma, learned P.L., for the respondent/State.
Heard.
Case diary is available.
This is second bail application filed by the applicant under Section 439 o f the Code of Criminal Procedure. Earlier first bail application bearing M.Cr.C. No. 38508/2020 was dismissed as withdrawn on 23.11.2020.
The applicant is in custody since 03.10.2020 in connection with Crime No.463/2020 registered at Police Station-Babai, Distt.-Hoshangabad (M.P.) for the offence punishable under Sections 363, 366, 376 read with Section 34 of IPC and Section 3/4 of POCSO Act.
As per prosecution story, in short, on 07.09.2020 prosecutrix aged 16 years was found missing from her house. She was searched but not found.
FIR was lodged. Thereafter, prosecutrix was recovered on dated 15.09.2020. It is alleged by prosecution that co-acused Kamal kidnapped prosecutrix and took her to present applicant/accused then present applicant/accused committed intercourse wither her.
Learned counsel for the applicant/accused submitted that applicant/accused is falsely implicated in this case. Actually, at the time of incident, prosecutrix was above 18 years. Applicant/accused is also 20 years old. Both are familiar to each other. They loved each other, so they want to solemnize marriage with each other but the parents of prosecutrix were not ready to accept their relation so prosecutrix voluntarily went to the applicant/accused. Thereafter, they ran away but prosecutrix was recovered Signature Not Verified SAN and applicant/accused was arrested and prosecutrix was pressurized to give Digitally signed by VINAY KUMAR VERMA Date: 2021.08.18 18:14:52 IST 2 MCRC-24801-2021 false statement against applicant/accused. Applicant/accused has no criminal antecedents. He is in custody since 03.10.2020. Charge sheet has been filed. It is time of COVID-19 Pandemic. Due to this conclusion of trial will take time for final disposal of the case. There is no probability of his absconding or tampering with the evidence. He further submits that co-accused has already been granted by this court vide order dated 23.11.2020 passed in M.Cr.C. No. 37375/2020, therefore, he be released on bail.
Considering the contentions of both the parties and the fact that age of prosecutrix is disputed. Applicant/accused and prosecutrix lived together for 7 to 8 days. It appeals that it is a matter of love affair. Applicant is in custody since 03.10.2020. Charge sheet has been filed and due to COVID-19 conclusion of trial will take time. There is no probability of his absconding or tampering with the evidence. Co-accused has already been granted by this court vide order dated 23.11.2020 passed in M.Cr.C. No. 37375/2020. So, In view of the aforesaid, it would not be appropriate to keep the applicant/accused in jail during whole 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 applicant-Sivaji @ Siva @ Shivji Kewat 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/- each to the satisfaction of the learned 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 Signature Not Verified SAN Digitally signed by VINAY KUMAR VERMA Date: 2021.08.18 18:14:52 IST 3 MCRC-24801-2021 dissuade him from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit an 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 trial 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:-
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.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE vkv /-
Signature Not Verified SAN Digitally signed by VINAY KUMAR VERMA Date: 2021.08.18 18:14:52 IST