Ambika Chaudhari vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.132/2020 registered at Police Station-Nagod, District-Satna, for the offence punishable under Section 376(d) of the Indian Penal Code and Section 5/4 of the Protection of Children from Sexual Offences Act, 2012.

Learned counsel for the applicant submits that the applicant is in custody since 13.03.2020. He further submits that the prosecutrix and other main witnesses have been recorded during the trial and all of them have been declared hostile. He submits that even the prosecutrix has not supported the prosecution story. Upon these submissions, he prays that the applicant be released on bail.

Considering the statements of the witnesses recorded and also the statement of the prosecutrix, though the bail application is opposed by learned counsel for the State, but without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

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