Pannu @Kunjan vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 10.05.2021 in connection with Crime No.161/2021 registered at P.S.Surkhi, District Sagar for the offences punishable

under Sections 376, 376(D), 376(2)F, 294 & 34 of IPC,

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Learned counsel for the applicant has further

submitted that as per the statement of the prosecutrix recorded under Section 164 of Cr.PC. in the Court, it is clear that no rape has been committed,

which is also corroborated by the medical report. Charge sheet has been filed. Applicant is in custody since 10.05.2021. The trial would take

considerable time to conclude in this Covid-19 situation, therefore, he may be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application, however, conceded that in the medical report, no

definite opinion with regard to commission of rape has been given.

Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the applicant,

in the opinion of this Court, the applicant deserves to be released on bail.

Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the applicant is allowed.

It is directed that applicant Pannu @ Kunjan shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such

dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section

437(3) of the Cr.P.C.

This order be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

The M.Cr.C. stands allowed and disposed of accordingly.

C.C. as per rules.