Indu Alias Ajit Kumar Vishwakarma vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

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

The applicant is in custody since 31.01.2021 in connection with Crime No.21/2021 registered at Police Station-Dheemarkheda, Distt.- Katni (M.P.) for

the offence punishable under Sections 363, 366, 376(1), 376(2-N) of IPC and Section 3/4 of POCSO Act.

As per prosecution case on dated 30.01.2021, prosecturix aged 16 years 3 months was with applicant-accused. This fact came to the knowledge of

the father of prosecutrix then her father reached there but prosecutrix refused to came with his father. Thereater, prosecutrix and applicant-accused

had gone to the forest. Then, father of prosecutrix lodged the report. It is alleged by the prosecution that applicant-accused kidnapped the prosecutrix

and committed intercourse with her.

Learned counsel for the applicant-accused submits that the applicant has been falsely implicated in this case. He further submits that at the time of

incident, prosecutrix was above 18 years. Applicant- accused is 21 years old. Both love each other but parents of prosecutrix were not ready to

accept their relaltion, so prosecutrix voluntarily came to the applicant-accused. Thereater, they ran away but applicant-accused was arrested and

prosecutrix was recovered. Then prosecutrix was pressurized to give false statement against the applicant-accused.

Applicant-accused is jail since 31.01.2021. Charge-sheet has been filed.

It is the time of pandemic COVID-19 due to which conclusion of trial w i l l take time for final disposal. There is no probability of his absconding or

tampering with the prosecution evidence.

The accused/applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for

the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State opposes the said bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case as also the facts that age of prosecutrix is disputed, she

serself stated that applicant-accused proposed her to marry thereafter, applicant-accused took her, so it appears that it is a matter of love affair,

applicant-accused is in jail since 31.01.2021, charge-sheet has been filed, it is the time of pandemic COVID-19 due to which conclusion of trial will

take time, there is no probability of his absconding or tampering with the prosecution evidence, therefore, without commenting on merits of the case,

application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Indu @ Ajit Kumar Vaishwakarma be released on bail on his furnishing a personal bail bond in the sum of Rs.1,00,000/-

(Rupees One lakh Only) with two solvent sureties each of Rs. 50,000/-s in the same like amount to the satisfaction of the learned 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 applicant:

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

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officers;

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

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

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

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant 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 applicant by the jail doctor before his release.

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

3 . If it is found that the applicant is suffering from 'Corona Vi r us disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.