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Madhya Pradesh High Court

Neeraj Gupta vs The State Of Madhya Pradesh on 7 June, 2021

Author: Rajendra Kumar Srivastava

Bench: Rajendra Kumar Srivastava

                                                                           1                               MCRC-19183-2021
                                                  The High Court Of Madhya Pradesh
                                                            MCRC-19183-2021
                                                           (NEERAJ GUPTA Vs THE STATE OF MADHYA PRADESH)


                                        Jabalpur, Dated : 07-06-2021
                                                 Heard through Video Conferencing.

                                                 Shri Ravindranath Chaturvedi, learned counsel for applicant.
                                                 Shri Manoj Kumar Singh, Panel Lawyer for the respondent-

State.

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 21.2.2021, in connection with Crime No.94/2021, registered at Police Station Bargawan, District Singrauli (M.P.) for the offence punishable under Sections 354, 354D, 376 of IPC.

As per prosecution story, prosecutrix was 26 years and she was doing private job. On 20.3.2020, she was staying at the house of her friend. At that time present accused/applicant reached there.

Accused/applicant proposed to marry her. When she refused the proposal, then accused/applicant dragged her hand, removed her dupatta and kissed her. Prosecutrix slapped and pushed accused/applicant. At that time, her friend reached there, then accused/applicant ran away. Her marriage has already been fixed, therefore, she did not complain against the accused/applicant. During investigation, it is found that accused/applicant also committed intercourse with her. Accused/applicant made forged I.D. in the facebook in various names and used his pictures along with prosecutrix, then prosecutrix lodged the report on 13.2.2021.

Learned counsel for the applicant submits that applicant has SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.07 17:52:02 IST 2 MCRC-19183-2021 been falsely implicated in this case. Prosecutrix was 26 years and well educated. Applicant and prosecutrix love each other, but her marriage has been fixed with another person, due to this some dispute arose there, then prosecutrix lodged the report after one year of the incident. So, there is inordinate delay in lodging the report. Initially, prosecutrix did not allege any fact with regard to intercourse with her, but during investigation, she disclosed that accused/applicant also committed intercourse with her. Accused/applicant is in custody since 21.2.2021. Charge sheet has been filed in the present case. It is the time of COVID-19, so conclusion of trial will take long time. Applicant is bread earner of his family and if he is kept in custody, then future of his family will be spoiled. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer, submits that accused/applicant has previous criminal antecedent, so he is no entitled for bail.

Considering the contention of both the parties and this fact that prosecutrix is educated and adult lady, she initially did not allege any fact with regard to commission of intercourse with her, there is inordinate delay in lodging the FIR, applicant is in jail since, 21.2.2021, charge sheet has been filed, it is the time of COVID-19 Pandemic, so conclusion of trial will take time, accused/applicant is bread earner of his family, there is no probability of his absconding or tampering with the prosecution evidence, therefore, it would not be appropriate to keep the accused/applicant in jail during whole the Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.07 17:52:02 IST 3 MCRC-19183-2021 trial, hence, 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- Neeraj Gupta 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/- (Rupees Fifty Thousand) each to the satisfaction of the 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 dissuade him from disclosing such facts to the Court or to the Police Officers;

4. The applicant shall not commit any 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 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 Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.07 17:52:02 IST 4 MCRC-19183-2021 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.

State is directed to inform the order of this Court to the Victim and a copy of this order be also supplied to the Victim.

Certified copy as per rules.

M.Cr.C. is disposed of.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.