Madhya Pradesh High Court
Mahendra @ Ranu Shakya vs The State Of Madhya Pradesh on 30 July, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-22285-2020
The High Court Of Madhya Pradesh
MCRC-22285-2020
(MAHENDRA @ RANU SHAKYA Vs THE STATE OF MADHYA PRADESH AND OTHERS) 1 Jabalpur, Dated : 30-07-2020 Heard through Video Conferencing.
Mr. S.K. Malvi, learned counsel for the applicant. Mr. D.S. Parihar, learned P.L. for the State.
Mr. Narendra Nikhare, learned counsel for the Objector. The is the second application for grant of bail on behalf of the applicant in connection with Crime No.173/2019 for offences U/s.363, 366, 376(2)(n), 366(A) and 506 of the I.P.C. and U/s.5/6 of the POCSO Act. The first application was dismissed as withdrawn.
The applicant is in judicial custody since 22.10.2019 in the aforesaid case. The applicant is alleged to have raped the prosecutrix. On the date of incident, the prosecutrix was just a few days shy of 16 years. Her statement has already been recorded before the trial Court where, she has been examined as PW-1. Prima-facie, it appears to be a case of consent. The offence would be one of statutory rape rather than forcible rape, without consent.
Looking at the facts and circumstances of the case and that the applicant is also 23 years of age, the objection of the learned counsel for the Objector and the State notwithstanding, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.
The Jail authorities shall have the applicant checked by the Jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the Jail authorities.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE Signature Not Verified a SAN Digitally signed by ASHISH DATTA Date: 2020.07.30 17:26:11 IST