Ajay Kumar vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This is first bail application under Section 439 Cr.P.C., filed by the applicant for grant of bail.

Applicant has been arrested by Police Station Porsa, District– Morena (M.P.) in connection with Crime No.141/2021 registered in relation to

the offence punishable under Sections 376(2)(n), 506 of IPC.

It is submitted by the counsel for the applicant that he has been falsely implicated in the case. He has not committed any offence in any manner. The

houses of the applicant and complainant are opposite to each other and the prosecutrix has stayed there for two days and the prosecutrix is major lady

aged about 23 years and consenting party therefore no offence under section 376 of IPC is made out against the applicant. The applicant is first

offender and at this time the trial court are not working regularly due to Covid-19 pandemic He has relied upon the order passed by the Hon'ble

Supreme Court in Suo moto in W.P.(C) No.01/2021 dated 07.05.2021 wherein the Hon'ble Supreme Court has considered the present scenario of

Covid pandemic-19 and has passed certain directions with respect to under trial prisoners. It is submitted that the application may be treated for grant

of interim bail during this Covid pandemic -19 and considering the provision of Section 437 of Cr.P.C. as there are certain exemptions. The

sympathetic view may be taken by this Court and the applicant may be enlarged on bail for a temporary period of 90 days.

Per contra, Counsel for the State has opposed the application stating that the prosecutrix in the statement recorded under section 161 as well as under

section 164 of the Cr.P.C has categorically stated commission of offence under section 376 of IPC, however he fairly not disputed the fact that

charge sheet has been filed.

Considering the facts and circumstances of the case and the present scenario of Covid pandemic-19, without commenting upon the merits of the case,

this Court deems it appropriate to consider this application for grant of interim bail as there is no requirement of custodial interrogation of the present

applicant. Accordingly, the application is allowed.

The interim bail is extended for period of three months (90 days).

The applicant Ajay Kumar is directed to be released for three months (from the date of his release) on interim bail on furnishing his personal bonds in

the sum of Rs.50,000,/-(Rs. Fifty Thousand Only)with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court,

as the case may be with submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as

well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc

to avoid Novel Corona Virus (COVID -19) pandemic and she will have to install Arogya Setu App, if not already installed. The applicant shall

surrender immediately before the concerned trial Court after completion of 90 days from the date of release and information to this effect shall be sent

by the Court concerned to Registry of this Court.

This order will remain operative for three months (90 days)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;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the cases as to dissuade

him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by

this Court shall automatically cancelled.

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.

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. In 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 followup action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately

on bail and shall be given a pass or permit for movement to reach his place of residence.

E- copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy

for practical purposes in respect of this order.

CC as per rules.