Anil Jatav vs State Of M.P

Sheel Nagu, J

This is first bail application u/S.439 CrPC filed by the petitioner for grant of bail.

The petitioner has been arrested on 15.01.2021 by Police Station â€" Behat, District Gwalior (M.P.), in connection with Crime No. 66/2020 registered

in relation to the offences punishable u/s.363, 376 of IPC and Section ¾ of POCSO Act.

Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

This is first bail application u/s. 439 Cr.P.C where kidnapping and rape is alleged against the petitioner in respect of prosecutrix who is said to be 17

years of age. The element of consent is palpable from the reading of statement of prosecutrix. Ossification test has not been conducted. The

possibility of prosecutrix being 18 years or above cannot be ruled out. Investigation in the matter is over by filing of charge-sheet.

Considering the above and the second wave of COVID-19 pandemic the fact that early conclusion of the trial is a bleak possibility and prolonged pre-

trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of petitioner fleeing from

justice, this Court is inclined to extend the benefit of bail to the petitioner.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on

furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the

concerned available Magistrate.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

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

The petitioner 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;

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

The petitioner will not seek unnecessary adjournments during the trial;

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

The learned concerned available 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 during release, travel and residence of the petitioner during

period of bail as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.