Akhlesh Raikwar vs State of M. P. And Anr

Matter is heard through Video Conferencing.

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 3.3.2020 by Police Station Dehat

Vidisha, District Vidisha, in connection with Crime No.138/2020 for the offence punishable under Sections 376(3), 376(2)(n), 323 of IPC and Section 3

read with Section 4, 5(L) read with Section 6 of the POCSO Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 3.3.2020 on false pretext and charge-sheet has already

been filed. Even otherwise, case is of promise of marriage and commission of offence of rape. Story indicates that applicant and prosecutrix were in

live-in relationship. Complaint has been made after one year of commission of offence. It is further submitted that case in hand does not indicate any

offence in the light of judgments rendered by the Apex Court in the cases of Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharastra, AIR 2019 SC

327 and in the case of Pramod Suryabhan Pawar Vs. State of Maharastra, (2019) SCC OnLine SC 107. 3Applicant does not bear any criminal

record. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the

complainant party in any manner. He further undertakes to perform community service and to serve national cause by making some contribution in

Army Central Welfare fund. On these premises, he prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on

the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of trial Court and that he will have

to install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be

conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his

house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the

applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission

from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

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;

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

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

The applicant shall not commit an offence similar to the offence of which he is accused ;

Applicant will not seek unnecessary adjournments during trial and he will not move in the vicinity of complainant party;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant will inform the SHO 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 for information.

Applicant shall deposit Rs.2,000/- in Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani

Chowk Delhi, within a period of one month from the date of his release.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.