Kamlesh @ Gamlesh Saket vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

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

The applicant is in custody since 06.07.2020 in connection with Crime No. 387/2020 registered at Police Station- Rampur Naikin, District- Sidhi (M.P.) for the offence punishable under Sections 363, 368, 376, 34 of the IPC and Section 3/4, of POCSO Act.

Prosecution case in short is that on 04.07.2020, prosecutrix, aged about 17 years, was missing. On 05.07.2020, mother of prosecutrix lodged a missing report. Thereafter, prosecutrix was recovered and statement was recorded. In her statement, she stated that present applicant/accused and co-accused namely Brajesh and Nilesh took her in the forest where applicant/accused committed intercourse with her. Thereafter, present applicant/accused called his uncle through telephone after that his uncle took the prosecutrix to her house. Thereafter prosecutrix narrated her family member about the incident. Thereafter, case has been registered against the present applicant/accused and other co-accused.

Learned counsel for the applicant/accused submits that the applicant is an innocent person and has falsely been implicated in this case. Prosecutrix is above 18 years. Applicant/accused is aged 19 years. Applicant/accused and prosecutrix love each other and they are ready to solemnize marriage. This fact came in the knowledge of their members. Family member of prosecutrix beat present applicant/accused and prosecutrix due to which prosecutrix was pressurized to give false statement. Applicant/accused and prosecutrix love each other. In this regard, he filed some photographs.

Applicant/accused is in jail since 06.07.2020. It is the time of COVID- 19 due to which further proceeding of trial is withheld, so trial will take time of final Applicant/accused has no previous criminal antecedent.

There is no probability of his absconding and tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant.

Panel Lawyer for State opposes the bail application.

Considering the contention of both the parties and this fact that the age of prosecutrix is disputed. Applicant/accused is aged 19 years. It appears that applicant/accused and prosecutrix are loved each other.

Applicant/accused is in jail since 06.07.2020, charge-sheet has been filed, the it is the time of COVID-19 so further proceeding of trial is withheld in a trial Court, conclusion of trial will take time, there is no probability of absconding of the petitioner and tampering with the evidence, so it is not appropriate to keep applicant/accused is in jail during whole trial. 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-Kamlesh @ Gamlesh Saket be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that th applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19) the 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 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant 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.