Pawan vs State Of Madhya Pradesh Station And Others

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on bhalf of the applicant in connection with Crime No.261/2021 registered at Police

Station MohanBadodiya, District Shajapur under Sections 363, 366, 376, 376(2)(n) of IPC and sec. 5(L)/6 of POCSO Act and sec. 3/181, 146/196,

130/177(3) of Motor Vehicles Act.

Counsel for the applicant submits that statement of prosecutrix has been recorded in the court. Prosecutrix has denied any forceful sexual intercourse

by the present applicant. It is further submitted that she had gone with applicant on her own and had also married to him. Prosecutrix has further

stated that her age is 19 years and in the school record it was wrongly mentioned as 2005 whereas she had gone to the school in the year 2002.

Learned counsel for State opposes the bail application.

Considering the statement of prosecutrix recorded in the court, I am of the view that applicant is entitled for being released on bail. However, without

commenting on merits of the case, the application is allowed.

It is directed that applicant- Pawan shall be released from custody on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with

one surety of the like amount to the satisfaction of the trial court.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicant is examined by the jail doctor before his/her release. If the

applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall

ensure his /her transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the Court below.

C.c. as per rules.