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Judgment
9 paragraphs · 371 wordsSanjay Dwivedi, J
This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.198/2020 registered at Police Station- Keolari, District-Seoni, M.P. for the offence punishable under Sections 376, 376 (2(n) of IPC and under Section 5(L), 6 of the POCSO Act, 2012. Applicant is in custody since 21.06.2020 and charge-sheet has already been filed.
Learned counsel for the applicant submits that in view of 164 statement of the prosecutrix in which she has very categorically stated that the present applicant has not done anything illegal against her and no physical relations has been developed, learned counsel, therefore submits that the bail application shall be considered and the applicant shall be released on bail.
On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that on the basis of the allegations made in the F.I.R. and considering the age of the prosecutrix, the bail application should be dismissed.
Considering the aforesaid and the fact that there is no possibility of commencement of physical trial in near future, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
A copy of this order be forwarded to the concerned trial Court through E-mail.