Bhan Singh vs State Of Madhya Pradesh And Others

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 3.8.2020 in connection with Crime No.302/2020 registered at Police Station-Tendukheda District Damoh (M.P.) for the offences punishable under Sections 450, 323, 376(3), 506 of IPC and Sections 3/4 of POCSO Act.

As per prosecution story, on 1.8.2020 the prosecutrix below 16 years was alone in her house. At the time of incident she was cooking the food and at that time petitioner/accused reached there. Present petitioner/accused beaten her and committed intercourse with her.

Learned counsel for the petitioner/accused submits that the prosecutrix is above 18 years. Petitioner/accused is also 19 years. Both are the neighbours. Some dispute arose on trivial matter, then petitioner/accused is falsely implicated in this case. Petitioner/accused did not commit the intercourse with her. During the trial the statements of the prosecturix (PW-3), her mother (PW-2), her father (PW-4) and other witnesses have been recorded by the trial Court. The prosecutrix did not allege any fact against the petitioner/accused. Her mother, father and other witnesses also did not allege any fact against the petitioner/accused. Petitioner/accused is in custody since 3.8.2020. Conclusion of trial will take time. There is no probability of his absconding or tampering with the prosecution evidence. Petitioner-accused is a labourer and bread earner of his family. If he will be kept in custody for unlimited period, then future of his family will be spoiled. He is ready to furnish bail as per the order, abiding with all conditions imposed by the bail to the petitioner.

Per-contra, learned Panel Lawyer opposes the bail application.

After hearing arguments of the parties and looking to the confession of both the parties as also the fact that the statements of the prosecutrix, her mother and father have been recorded by the trial Court and the prosecutrix did not allege any fact against the petitioner/accused and her mother and father also did not allege any fact against the petitioner/accused and the fact that the petitioner-accused is in custody since 3.8.2020, conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, he is the only bread earner of his family, so it is not appropriate to keep him in jail during whole trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Bhan Singh be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.

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 them;

The petitioner will cooperate in the trial;

3 . The petitioner will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officers;

The petitioner shall not commit an offence similar to the offence of

The petitioner will not seek unnecessary adjournments during the trial; and

The petitioner will not leave India without previous permission of the trial Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.