Baliram vs State Of M.P. And Others

Vishnu Pratap Singh Chauhan, J

Heard on this first post arrest bail application under Section 439 of the Code of the Criminal Procedure filed on behalf of the applicant for grant of bail.

The applicant is in jail since 13.09.2020 in connection with Crime No.179/2020 registered at Police Station Sirali, District Harda (M.P.) for commission of offence punishable under Sections 363, 366, 368, 376(2)(n) of the Indian Penal Code and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.

The allegation against the applicant, in short, is that co-accused Suraj and prosecutrix are having love affairs with each other. In the night, the prosecutrix went along with co-accused Suraj on her own volition on foot and reached at the house of applicant Baliram and stayed there for two days and thereafter left the house of the applicant and went to another place and lived as husband and wife. In the meantime, parents of the prosecutrix lodged a missing report and in pursuance of that report, the prosecutrix was recovered from the possession of co-accused Suraj.

Having heard learned counsel for the parties and keeping in view the facts and circumstances of the case, particularly the act of the applicant, as alleged by the prosecution and also looking to the present situation of widespread of Corona Virus Covid-19, without expressing any opinion on the merits of the case, this Court is inclined to release the applicant on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Baliram, stands allowed.

It is directed that applicant-Baliram shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.