Kashiram vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this third application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 28.07.2020 by Police Station

Janakganj, District Gwalior (M.P.) in connection with Crime No.271/2020 registered in relation to the offence punishable u/Ss. 376, 376-D, 506, 366 of

IPC and Section 34 of IPC.

It is submitted by the counsel for the applicant that the applicant has been falsely implicated in the matter and he has not committed any offence in any

manner. The first and second bail applications were dismissed as withdrawn by this Court vide order dated 12.10.2020 and 27.01.2021 passed in

M.Cr.C.No. 37433/2020 and M.Cr.C.No. 1401/2021.

It is argued that the prosecutrix is a major and she on her own will has accompanied the present applicant and other co-accused. She has remained

with them for a considerable days and no complaint was made by her at any point of time. It appears to be a case of consent. The investigation is over

in the matter and the charge sheet has already been filed. The applicant is in custody since 28.07.2020. The applicant is ready to abide by all the terms

and conditions that may be imposed by this court while considering the application for grant of bail. Co-accused Pramod has been granted bail vide

order dated 25.02.2021 passed in M.Cr.C.No.10489/2021. Under these circumstances, learned counsel for the applicant prays for grant of bail to the

applicant.

Per contra, learned Panel Lawyer for the State has opposed the bail application. Although the prosecutrix has been declared hostile in the matter but

she has not supported the prosecution case in paras 25, 26 and 27 of the cross-examination. He submits that the statement has been given under

Section 161 of Cr.P.C wherein the same has been done on the instructions of the husband. In para 27, she has categorically stated that the applicant

Kashiram and accused Pramod have not committed any offence. He fairly submits that there is no criminal history of the applicant.

Considering the statement made by the prosecution, without commenting upon the merits of the case, this Court deems it appropriate to allow this

application.

The application is allowed. The applicant is directed to be released on bail on furnishing his personal bonds in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with

submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued

by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 investigation/trial, as the case may be;

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

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

The applicant will not move in the vicinity of complainant party and the applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

In case of involvement of the present applicant in any other offence the benefit of bail granted by this Court shall stand cancelled automatically.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall

inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy/certified copy as per rules/directions.