Meghraj vs State Of Madhya Pradesh

Sanjay 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.27/2021 registered at Police Station-Behrol, District-Sagar, for the offence punishable under Sections 354, 342, 506, 34 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012.

Learned counsel for the applicant submits that the applicant is in jail since 25.02.2021. He further submits that the prosecutrix and the present applicant are neighbours and there is some dispute between their families, therefore, a false complaint has been made by the prosecutrix at the instance of her parents alleging that the wife of the present applicant had supported him and with her support, the present applicant took the prosecutrix in his house and tried to outrage her modesty. He submits that as alleged, in this incident, the wife of the applicant had supported him and locked the room from outside. He submits that it is virtually impossible that a wife would support her husband for committing such a crime that too with a girl aged about 16 years. He also submits that a false complaint has been made just to pressurize the present applicant as there is a dispute between the families. He further submits that the offences registered against the applicant are triable by the JMFC and considering the custody period Date: 2021.03.17 17:13:38 IST of the applicant, he may be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that considering the age of the prosecutrix and the allegations made against the present applicant, he is not entitled to be released on bail.

Considering the rival contentions of learned counsel for the parties and perusal of the case-diary, 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.

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