Pinki @ Jagdish vs State Of Madhya Pradesh

This is second bail application under Section 439 of Cr.P.C in connection with Crime No.148/2018 registered at Police Station Baldeogarh Distt. Tikamgarh for the offence under Sections 363, 366, 376/34 of IPC and Section 3/4 and 17/18 of POCSO Act.

As per the prosecution, the prosecutrix aged about 17 years was found missing on 25.3.2018 from her residential house. Later on 31.3.2018 her father Ajuddi lodged a named FIR against the applicant alleging that the applicant has abducted her minor daughter. On that basis Crime No.148/2018 under sections 363 and 366 of IPC was registered. It is also alleged that the prosecutrix was recovered on 2.4.2018. Her statements under Sections 161 and 164 of Cr.P.C. were recorded in which she has stated that the applicant has forcibly taken her from her residential house to Tikamgarh and kept her in different places and committed intercourse. Later on he has left her to her sister's resident at village Garoi. On the information of prosecutrix, her father taken her. On the basis of statements of prosecutrix recorded under sections 161 and 164 of Cr.P.C., section 376 of IPC has been added in the already registered crime.

Learned counsel for the applicant has submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. On the false report of the complainant, the case has been registered against the applicant. It is also submitted that the applicant has no criminal antecedents and he is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 5.4.2018 and the trial will take time for its final disposal. It is also submitted that statements of prosecutrix (PW1), Dr. Ruchi Sharma (PW2), Munnu Adiwasi (PW3), father of the prosecutrix Ajuddi (PW4) and Jaggi (PW5) have been recorded and most of them have not supported the case of the prosecution. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

The first application i.e M.Cr.C. No.38094/2018 was dismissed as withdrawn vide order dated 24.10.2018 with liberty to the applicant to file afresh application after recording the statement of prosecutrix and her mother. Although statement of mother of the prosecutrix has not yet been recorded, but the statements of prosecutrix (PW1) and her father -Ajuddi (PW4) have been recorded.

Looking to the statements of above said witnesses, duration of custody (since 5.4.2018), exigency of Covid-19, I am of the considered view that in the change circumstances, it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, this second bail application of the present applicant seems to be acceptable.

Consequently, it is hereby allowed.

It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the same amount to the satisfaction of the committal/trial Court to appear before the court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) 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.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

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.

This M.Cr.C. stands allowed and disposed of. C.C. as per rules.