Mudasisar vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 16.04.2021, in

connection with Crime No. 429/2021 registered at Police Station- Adhartal, District Jabalpur (M.P.) for the offence punishable under Section 376 of

the IPC and Section 3/4 of the POCSO Act.

As per prosecution case, on 31.03.2021, applicant-accused committed intercourse with the prosecutrix, who is 17 years old on false pretext of

marriage. Thereafter, applicant-accused committed intercourse so many times with prosecutrix. Lastly, applicant-accused refused to marry with her

then prosecutrix lodged the report.

Learned counsel for the applicant-accused submits that applicant-accused has been falsely implicated in this case. Applicant-accused is aged about 19

years. At the time of incident, the prosecutrix was 18 years old. Both love with each other. They want to solemnize marriage with each other. The

parents of both the parties were not ready to accept their relation, so prosecutrix voluntarily came to the applicant-accused. Thereafter, some dispute

arose between the parties then proseuctirx was pressurized to lodge a report against the applicant-accused. Now the parents of both the parties are

ready to solemnize the marriage of proscutrix with applicant-accused. So all the disputes have been resolved. The applicant-accused has no previous

criminal antecedent, he is in custody since 16.04.2021. Investigation is complete. No further custodial interrogation is required in this case. It is the

time of COVID-19 Pandemic due to which trial will take time for its final disposal. Applicant-accused is bread earner of his family, if he is kept in

custody for unlimited period, then future of his family will be spoiled. There is no probability of his absconding or tampering with the prosecution

evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State on the other hand has opposes the bail application.

Learned counsel for the complainant/objector submits that complainant and her parents have no objection if bail is granted to applicant-accused.

Considering the contentions of both the parties and the fact that the age of prosecutrix is disputed, the applicant-accused is also 19 years old, he has no

previous criminal antecedent, it appears that it is the matter of love affair, applicant-accused is in custody since 16.04.2021, investigation is complete,

no further custodial interrogation is required in this case, the prosecutrix and her parents have appeared before this Court and they have no objection if

applicant-accused is granted bail, there is no probability of his absconding or tampering with the prosecution evidence, s o it would not be appropriate

to keep the applicant in jail whole the trial. Consequently, it is hereby allowed.

It is directed that applicant-Mudasisar be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one

solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on the dates given by the concerned

Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in

view of the 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 :-

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.

3 . 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.

Certified copy as per rules.

State is directed to provide a copy of this order to the victim/complainant.