Om Prakash vs State Of M.P. & Anr

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 13/5/2021 in connection with Crime No.277/2021 registered at Police Station Pichhore, District Shivpuri for

offence under Sections 376, 342 and 506 of IPC.

It is submitted by learned counsel for applicant Om Prakash that the applicant has been falsely implicated. He has not committed any offence.

Applicant is aged around 50 years and the prosecutrix is also a major lady and is mother of four years old child. Due to some property dispute, present

applicant has been falsely implicated in this case. It is further submitted that the applicant is in custody since last one month. Investigation and

thereafter trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that present applicant is the cousin brother of the prosecutrix

considering which the prosecutrix went along with the applicant to attend a program in their relative's house. On the way back, the applicant

committed offence under Section 376, 342 and 506 of IPC against the prosecutrix and looking to the relationship between the applicant and the

prosecutrix, the act done by the applicant is stigma to the relation shared between brother and sister. Hence, prayed to reject the bail application

considering the gravity of offence.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case as well as arguments advanced by learned counsel for the applicant, without commenting on

merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail his furnishing personal bond of Rs.

1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance

before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it

is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if the test is

found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions 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 investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence of which he is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant shall not come within the vicinity of the prosecutrix till conclusion of the trial; and

8 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public

Prosecutor to send E-copy of this order to SHO of concerned police station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.