Kamlesh Lodhi vs State Of M.P. And Others

This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.

The applicant has been arrested in connection with Crime No.204/2020, registered at Police Station-Banda, District-Sagar for offences punishable under section 323, 354, 506, 456 of IPC and section 7, 8, of POCSO Act.

The allegation of the prosecution is that on 12.3.2020 when prosecutrix aged about 14 years was alone in her house then applicant had entered there and tried to outrage her modesty by touching her in indecent manner. When she raised the alarm, then her Uncle Raju Lodhi had reached there upon which applicant fled away from the spot. On next day the parents of the prosecutrix have lodged the report. On that basis, aforementioned crime has been registered against the applicant.

Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has been falsely implicated in the crime. The applicant is in custody since 21.8.2020. The trial will take a long time to conclude. He is a permanent resident of the address shown in the application and there is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail.

Learned Panel Lawyer for State has opposed the application for bail. Learned counsel for the complainant has submitted that prosecutrix and applicant are of one family. Due to some property dispute between both the family members, a false report has been lodged against the applicant. It is also alleged that before the trial Court both the parties have filed compromise application, but it was declined by the trial Court by holding that the offence is not compoundable. Again, before this Court, the prosecutrix has filed the affidavit that she has no objection, if applicant is granted bail.

Applicant is a the youth of 22 years and is in judicial custody since 21.8.2020.

Looking to the facts and circumstances of the case, particularly the compromise which has taken place between the parties and due to exigency of Covid 19 disease, I am inclined to enlarge the applicant on bail.

Accordingly, this application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

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.

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

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.

C.C. as per rules.