Madhya Pradesh High Court
Dinesh Lodhi vs The State Of M.P. on 13 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-30966-2021
The High Court Of Madhya Pradesh
MCRC-30966-2021
(DINESH LODHI Vs THE STATE OF M.P.)
2
Jabalpur, Dated : 13-07-2021
Heard through Video Conferencing.
Shri Ashish Kurmi, Advocate for the applicant.
Shri Brijendra Kushwaha, Panel Lawyer for the respondent/State.
Learned counsel for the respondent No.1/State submits that notice has been served upon the victim.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 08.04.2021 in connection with Crime No.68/2021 registered at Police Station-Sanodha, District-Sagar (M.P.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act, as well as Sections 3(1)(w) (ii) and 3(2)(va) of SC/ST Act.
A s per prosecution case, on 22.03.2021, prosecutrix aged about 16 years 10 months and belongs to SC community, was missing from her house and she was searched but not found. F.I.R. was lodged. On 23.03.2021, prosecutrix was recovered at Burman, Narmadaghat, Narsinghpur. It is alleged by the prosecution that applicant/accused kidnapped the prosecutrix and took various places, thereafter, committed sexual intercourse with her.
L e a r n e d counsel for the applicant/accused submits that applicant/accused is innocent and has falsely been implicated in this case. At the time of the incident, prosecutrix was above 18 years and applicant/accused is also aged about 25 years, both loved each other but parents of both the parties were not ready to accept their relationship, so they ran away but thereafter prosecutrix was recovered and she was pressurized to give false statement against the present applicant/accused. The present applicant/accused is in custody since 08.04.2021. Charge-sheet has been Signature Not Verified SAN filed. It is the time of COVID-19 Pandemic, due to which conclusion of trial Digitally signed by NITESH PANDEY Date: 2021.07.13 17:37:30 IST 2 MCRC-30966-2021 will take time for its final disposal. There is no probability of his absconding or tampering with the evidence of prosecution witnesses. Applicant/accused has no previous criminal antecedents. Applicant is bread earner of his family, if he is kept in custody for unlimited period then future of his family will be spoiled. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. Considering the contention of both the parties and this fact that the age of the prosecutrix is disputed, applicant/accused and prosecutrix had gone various places but thereafter prosecutrix was recovered, so it appears that it is a matter of love affair, applicant/accused is in custody since 08.04.2021, charge-sheet has been filed, it is the time of pandemic COVID-19, due to which conclusion of trial will take time for final disposal, there is no possibility of his absconding or tampering with the prosecution evidence, appellant/accused is a bread earner of his family, so it would not be appropriate to keep the appellant in jail during whole trial. Therefore, without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Dinesh Lodhi shall be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties of the amount of Rs.50,000/- (Rupees Fifty Thousand Only) each in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with 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 Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2021.07.13 17:37:30 IST 3 MCRC-30966-2021 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 this order to the Victim and also provide a copy of this order to the Victim.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Nitesh Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2021.07.13 17:37:30 IST