Nilesh Patel 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 02.09.2020 in connection with Crime No.133/2020 registered at P.S.-Gurh, District-Rewa (M.P.) for the offence punishable under Section 376(2)(N) of the IPC.

As per prosecution story, in short, is that prosecutrix, aged about 26 years, lodged the report on 04.05.2020 stating that applicant/accused and prosecutrix are familiar with each other for four years. On false pretext of marriage, applicant had been committing intercourse with prosecution for about four years. Thereafter, when he refused to marry with her, then prosecutrix lodged the complaint against him.

Learned counsel for the applicant submits that applicant/accused and prosecutrix are aged about 26 years. they are familiar with each other. Prosecutrix is a married lady and she has filed criminal case under Section 498-A of IPC and an application under Section 125 of Cr.P.C. against her husband. This matter is of consent. No case is made out against the applicant under Section 376(2)(n) of IPC. Applicant/accused has been falsely implicated in this case. Applicant/accused is in jail since 02.09.2020.

Charge sheet has been filed. Due to spread of COVID-19, further proceedings of trial is withheld in the trial Court, therefore, trial will take time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness. The applicant is ready to furnish bail, as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer opposes the bail application. Considering the contention of both the parties and this fact that applicant/accused and prosecutrix are aged about 26 years. Both parties are familiar and having in relationship with each other for four years. Applicant/accused is in jail since 02.09.2020. Charge sheet has been filed. Due to spread of COVID-19, further proceedings of trial is withheld in the trial Court, therefore, trial will take time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness.

In view of the aforesaid, it would not be appropriate to keep the applicant in jail during whole trial. Therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant- Nilesh Patel be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned 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 motto 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 his in appropriate quarantine facility.

Certified copy as per rules.