Pramod vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 09.03.2020 in connection with Crime No. 226/2019 registered at Police Station- Bordehi, Distt.-Betul (M.P.) for the offence punishable under Section 363, 366 & 376 (2)(n), of IPC & 5/6 of Protection of Children From Sexual Offences Act, 2012.

Prosecution story in short is that on 27.08.2019 the prosecutrix aged 17 years was sleeping in her house. Next day she was not found in the house, she was searched but she was not found, then FIR was lodged. On 9. 03.2020 prosecutrix was recovered. She stated that petitioner-accused kidnapped her and also committed intercourse with her.

Learned counsel for the petitioner submits that the prosecutrix is above 18 years. Petitioner-accused is aged 25 years. Both parties love each other, so they went to solemnized marriage, but parents were not ready so prosecutrix voluntarily came to the petitioner-accused, thereafter, petitioner-accused and prosecutrix had gone Rajkot and lived there as husband and wife till March 2020, due to COVID-19 Pandemic they returned home, thereafter petitioner-accused was arrested. During investigation statement of prosecutrix under Section 161 of Cr.P.C. She stated that she loves petitioner-accused but her parents is not ready to marry the prosecutrix with petitioner and tortured her so she voluntarily came to the petitioner-accused. Petitioner-accused is in jail since 09.03.2020. It is the time of COVID-19 pandemic due to which further proceeding in trial court is withheld, so trial will take time to conclude. There is no chance of petitioner's absconding and tampering with the evidence. He has no previous criminal antecedent. charge sheet has been filed. On these grounds, he prays for grant of bail to the petitioner.

Learned Panel Lawyer opposes the bail application stating that prosecutrix is below 18 years so petitioner is not entitled for grant of bail.

Considering the contention of both the parties and looking to the fact that age of the prosecutrix is disputed, petitioner-accused and prosecutrix known to each other and having love affairs, they also lived as husband and wife about one years, prosecutrix voluntarily gone with the petitioner-accused, charge sheet has been filed, present petitioner is in jail since 09.03.2020, petitioner has no criminal antecedent, it is the time of COVID-19 due to which further proceeding in trial court is withheld, so trial will take time to conclude and there is no probability of petitioner's absconding and tampering with the evidence, this court is of the considered view that it would be appropriate to release the petitioner on bail. Therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner-Pramod be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount, to the satisfaction of the Trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the petitioner 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 petitioner 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 petitioner by the jail doctor before his release.

2 . The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.