Kamlesh Gond vs State Of Madhya Pradesh

Vivek Agarwal, J

This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity ""Cr.P.C"") for grant of bail to the applicant, who is

in custody since 17.11.2021 in connection with Crime No.528/2021 registered at Police Station Kotwali, District Anuppur for the offence punishable

under Sections 376, 376(2)(n), 506 of the Indian Penal Code 1860 (for brevity ""I.P.C"").

Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. Case was registered as earlier there

was some hesitation on part of the applicant to marry the prosecutrix but as per tribal customs & rituals, this is a normal procedure and later on the

applicant has performed marriage with the prosecutrix and they have a small child born out of their relationship. Hence, prayer is made to enlarge the

applicant on bail.

Learned Panel Lawyer for the non-applicant/State as well as learned counsel for the objector do not dispute the aforesaid position. After hearing

counsel for the parties and considering other facts & circumstances and keeping in view the fact that the prosecutrix has given no objection and there

is likelihood of success of the case as the prosecutrix herself is supporting the applicant, this Court is of the considered opinion that it is a fit case for

grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.

It is directed that applicant Kamlesh Gond S/o.Komal Singh Gond shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on

the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section

437(3) of the Cr. P. C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective.

In view of the outbreak of new mutant Omicron of COVID-19, 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.

Certified copy as per rules.