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Judgment
21 paragraphs · 384 wordsAnjuli Palo, J
This is first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 19.05.2021 in connection with Crime No.178/2021 registered at Police Station Naryavali, District Sagar for the
offence punishable under Section 363, 366-A,354,376,506,34 of IPC and 7/8 of POSCO Act.
As per prosecution's case, at the time of the incident the age of the prosecutrix was 17 years and 10 months. In her statement to the police under
Section 161 of Cr.P.C, she has not stated anything against the applicant. Second statement has been recorded on dated 17/05/2021 and incident took
place on 11/05/2021. Annexure-A and Annexure-B are conversation of applicant and prosecutrix on whats app, which show their love affairs.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is in custody and there is no hope of
conclusion of trial in near future on account of situation created due to Covid-19 pandemic, therefore, he may be released on bail.
Learned Panel Lawyer has opposed to enlarge the regular bail to the applicant.
Considering the overall facts and circumstances of the case, and looking to the MLC report of the prosecutrix and taking into account that trial would
take considerable time to conclude due to Covid-19 pandemic, I deem it appropriate to release the applicant on bail, therefore, without commenting on
the merits of the case, the application is allowed.
It is directed that applicant - Golu @ Rajkumar shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Fourty
Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective.
The jail authorities and the 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.
Disposed of accordingly.