Madhya Pradesh High Court
Rahul Patel vs The State Of Madhya Pradesh on 9 February, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 9th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 4743 of 2022
Between:-
RAHUL PATEL S/O LATE SHRI KAILASH
PATEL , AGED ABOUT 20 YEARS,
OCCUPATION: LABOUR R/O KARONDILALA,
THANA BARHI, DISTRICT KATNI M.P.
(MADHYA PRADESH)
.....APPLICANT
(BY MS. SWATI ASEEM GEORGE, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MAHILA THANA DISTRICT
KATNI M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANIL UPADHYAY, PANEL LAWYER)
(Heard through Video Conferencing)
This application coming on for admission this day, the court passed
the following:
ORDER
This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. Earlier bail application was dismissed vide order dated 10.01.2022 passed in M.Cr.C.No.33456/2021.
T h e applicant has been arrested on 03.06.2021 by Police Station Mahila Thana District Katni in connection with Crime No.18/2021 for the offence punishable under Sections 363, 376(2)(cha) 366-A of Indian Penal Code and Section 3/4 of POCSO Act.
It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. He is in custody since 03.06.2021. It is submitted that in pursuance to the earlier order State has filed the FSL report and the FSL report is negative. The statement of the prosecutrix was recorded before the Trial Court and she has not supported Signature Not Verified SAN the prosecution story. The applicant is the first offender. He is ready to abide Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.10 12:19:44 IST 2 by all terms and conditions that may be imposed by this Court while considering this bail application. On these grounds, he prays for grant of bail.
P er contra, learned counsel appearing for the State has vehemently opposed the prayer, but he fairly submits that FSL report is negative and he could not dispute the statement of the prosecutrix recorded before the Trial Court in which she has not supported the prosecution story and the fact that the applicant is a first offender as per the case diary records.
Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
I n view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach 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 investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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;Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.10 12:19:44 IST 3
4 . The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;
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/Investigating Officer, as the case may be;
7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.10 12:19:44 IST