Manoj Kumar Tiwari vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant is in custody since 22.06.2021 in

connection with Crime No.326/2021 registered at Police Station-Samnapur, District-Dindori for the offence punishable under Sections 452, 342, 354 &

366 of the IPC.

As per prosecution case, on 22.06.2021 the prosecutrix aged 18 years 5 months lodged the report against the present applicant-accused alleging that

on 20.06.2021 prosecutrix was alone in her house, at that time applicant-accused entered in the house of prosecutrix. Applicant-accused took the

prosecutrix in his house and confined in a room. When her parents reached there, then prosecutrix was recovered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case, actually marriage of present applicant-accused and

prosecutrix have been fixed but due to COVID-19 marriage has not been solemnized, due to this parents of the prosecutrix pressurized the applicant-

accused to solemnize the marriage. Applicant-accused has not previous criminal antecedent. He has no role in this incident. Prosecutrix was

recovered on 20.06.2021 but FIR was lodged on 22.06.2021,applicant is in jail since 22.06.2021, charge-sheet has also been filed. It is the time of

COVID-19 Pandemic due to which trial will take time in its conclusion. There is no probability of his absconding or tampering with the evidence of

prosecution, On these grounds he prays for allowing the said application.

On the other hand, learned counsel for the respondent/State opposes the said application.

Considering the contention of both the parties and this fact that applicant-accused has has no previous criminal antecedent, he is in jail since

22.06.2021, charge-sheet has been filed, it is the time of COVID-19 Pandemic due to which trial will take time for its conclusion, but without

commenting anything on merits of the case, the application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant is

allowed.

It is directed that the applicant- Manoj Kumar Tiwari shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees

One Lakh Only) with two solvent sureties of the amount of Rs.50,000/-each to the satisfaction of the concerned trial Court for his appearance before

it on the dates given by the concerned Court.

This order will remain operative subject to compliance of the conditions enumerated under section 437(3) Cr.P.C. and mentioned herein under 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 trial;

The applicant shall not enter into vicinity of prosecutrix indulge himself in extending inducement, threat or promise to prosecutrix or any person

acquainted with the fact of the case so as to dissuade her/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 seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court.

Further, in view of the outbreak of pandemic Covid-19, the applicant shall also comply with the rules and norms like physical distancing and others. In

view of the terms of 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 also:-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . 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.

State is directed to inform the prosecutrix about passing of this order and also supply a copy of this order to her.

C.C. as per rules.