Rahul vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 02/6/2021 in connection with Crime

No.50/2021 registered at Police Station Pathariya (Unarsital), District Vidisha for offence under Sections 363 and 366-A of IPC and Sections 17 and

18 of POCSO Act.

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

statements of the prosecutrix recorded under Sections 161 and 164 of CrPC, there is no allegation of commission of any offence by the present

applicant. Applicant and the prosecutrix were friends prior to the date of alleged incident and as per the prosecutrix herself, the applicant reached her

house to hand over the cell phone. It is further submitted that applicant is in jail since last more than two and half months. Investigation is complete and

charge-sheet has been filed. 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 the applicant is aged around 28 years whereas the prosecutrix is

only aged around 15 years. Hence, prayed to reject the bail application looking to the gravity of offence.

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

Considering the arguments advanced by learned counsel for the applicant, without commenting upon the merits of the case, the application is allowed

and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand

Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the

dates given by the concerned Court.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her 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/her 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/she is in a position to make his/her personal arrangements, then he/she 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 Covid19. 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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/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; and

7 . The applicant will inform the SHO of concerned police station about his/her 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.