Maniklal Sharnagat vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 16.06.2021 in connection with Cr i me No.126/2021 registered at Police Station Katangi, District Balaghat for the

offences punishable under Sections 376 & 452 of the IPC.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that the prosecutrix is a

consenting party as there is no injury found on the body of the prosecutrix. The prosecutrix is a married lady. There is three days' delay in lodging the

FIR. The applicant is in custody and there is no hope of conclusion of trial in near future on account of situation created due to Covid-19 pandemic,

therefore, he may be released on bail.

Learned Panel Lawyer has opposed the application.

Considering the overall facts and circumstances of the case, I deem i t appropriate to release the applicant on bail, therefore, without commenting on

the merits of the case, the application is allowed.

It is directed that applicant Maniklal Sharnagat shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such

dates as may be fixed in this regard during the 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, it shall become ineffective.

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.