Madhya Pradesh High Court
Arvind vs The State Of Madhya Pradesh on 11 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-26661-2021
The High Court Of Madhya Pradesh
MCRC-26661-2021
(ARVIND Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 11-06-2021
Heard through Video Conferencing.
Shri Satyam Agrawal, 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 14.04.2021, in connection with Crime No.100/2021, registered at Police Station Ahmedpur, District Sehore (M.P.) for the offence punishable under Sections 363, 366, 376, 342 of IPC and Section 5/6 of POCSO Act, 2012.
As per prosecution story, on 12.04.2021, prosecutrix aged 17 years 6 months, was missing from her house, she was searched, but she was not found. FIR was lodged. Thereafter, prosecutrix was recovered on 14.04.2021 from the possession of accused/applicant. It is alleged by prosecution that accused/applicant kidnapped and committed intercourse with her.
Learned counsel for t he applicant submits that applicant has b e e n falsely implicated in this case. At the time of incident prosecutrix was above 18 years. Accused/applicant is also 21 years. Both love each other, but parents of prosecutrix were not ready to accept their relations, so prosecutrix voluntarily came to the accused/applicant. They already solemnized marriage. During the investigation, the statement of prosecutrix was recorded under Signature Not Verified SAN Section 161 & 164 of Cr.P.C. in which she stated that she love Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:58 IST 2 MCRC-26661-2021 applicant/accused. Learned counsel for the applicant also submits that the parents of prosecutrix had accepted their relation. Applicant/accused has no criminal antecedent. Accused/applicant is i n custody since 14.04.2021. Charge sheet has been filed. It is the time of COVID-19 Pandemic, so, conclusion of trial will take long time.There is no probability of his absconding or tampering with the prosecution evidence. Apart from this, parents of prosecutrix have no objection to grant bail to applicant/accused. 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 age of prosecutrix is disputed, accused/applicant is 21 years of young boy, prosecutrix herself admitted this fact that she love applicant/accused, so she had gone with applicant/accused, the father of prosecutrix is ready to accept their relation and he has filed an affidavit before the trail Court in this regard, applicant is in jail since, 14.04.2021, charge sheet has been filed, it is the time of COVID-19 Pandemic, so conclusion of trial will take time, 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 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- Arvind be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rs. Fifty Signature Not Verified Thousand Only) with one solvent sureties to the satisfaction of the SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:58 IST 3 MCRC-26661-2021 JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.
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.
State is directed to inform this order to the victim and also provide the copy of this order to victim.
Certified copy as per rules (RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:58 IST