Madhya Pradesh High Court
Dilip Vishwakarma vs The State Of Madhya Pradesh on 15 June, 2021
Author: Nandita Dubey
Bench: Nandita Dubey
1 MCRC-40865-2020
The High Court Of Madhya Pradesh
MCRC-40865-2020
(DILIP VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 15-06-2021
Heard through Video Conferencing.
Shri Neeraj Jain, learned counsel for the applicant.
Shri Dharmendra Kaurab, learned Panel Lawyer for the
respondent/State.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant has been arrested by Police Station Chuna Bhatti, District Bhopal in connection with Crime No.323/2019 registered in relation to the offences punishable under Sections 376(Gha) of IPC and Section 5(G)/6, 16(2)/17 of POCSO Act. He is in custody since 22.8.2020.
The allegation against the present applicant is that he along with co- accused persons took the prosecutrix to a lonely place where the present applicant committed rape with her.
Learned counsel for the applicant submits that he has been falsely implicated due to a previous enmity. As per the DNA report, the DNA found on the articles taken from the prosecutrix does not match with the DNA profile of the present applicant. Under the circumstances, it is prayed that the applicant be released on bail.
Learned Panel Lawyer for the respondent/State has vehemently opposed the bail application. It is submitted that the 164 statement of the prosecutrix has specifically made allegations against the present applicant. However, the DNA report is not disputed by the respondent/State.
On due consideration the case diary statement and specially the fact that the DNA profile of the present applicant does not match with the articles/specimens collected from the prosecutrix, without adverting to the merits of the case, this application is allowed. It is directed that applicant be Signature Not Verified SAN released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
Digitally signed by ASHISH KOSHTA Date: 2021.06.15 16:53:25 IST2 MCRC-40865-2020 (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance 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 himself,
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below Signature Not Verified SAN also.
Digitally signed by ASHISH KOSHTA Date: 2021.06.15 16:53:25 IST3 MCRC-40865-2020 Certified copy/e-copy as per rules/directions.
(NANDITA DUBEY) JUDGE ak Signature Not Verified SAN Digitally signed by ASHISH KOSHTA Date: 2021.06.15 16:53:25 IST