Rajesh Mashkole vs State Of M.P

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 4.12.2020, in connection with Cr i me No.159/2020, registered at Police Station Kesla, District Hoshangabad (M.P.)

for the offence punishable under Sections 376 (2) (n) of IPC.

As per prosecution story, prosecutrix aged 35 years, lodged the report on 3.12.2020, accused/applicant committed intercourse with her on the false

pretext of marriage. On 25.11.2020, accused/applicant again committed intercourse with her and thereafter, he refused to marry her. Thereafter, case

has been registered against the accused/applicant for the aforesaid offence.

Learned counsel for the applicant submits that applicant is aged 26 years. He is in jail since 4.12.2020. The accused/applicant has been falsely

implicated in this case. Prosecutrix is widow. Prosecutrix and accused/applicant established love relations with each other since last 3 years. It is a

matter of consent, so no case is made out against the applicant. During investigation, the statement of prosecutrix under Section 164 of Cr.P.C. was

recorded in which she stated that she voluntarily established relations with applicant. Apart from this, prosecutrix submitted an affidavit before the trial

Court for the same. Investigation is complete. No custodial interrogation is required in this case. The applicant has no previous criminal antecedent.

The applicant is labour. It is the time of COVID-19, so conclusion of trial will take long time in its final hearing. There is no probability of his

absconding or tampering with the prosecution evidence. The accused/ applicant ready to furnish bail as per the order, abiding with all conditions

imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that prosecutrix is aged 35 years,

accused/applicant and prosecutrix established relations since 3 years, prosecutrix admitted this fact that she established relations with

accused/applicant voluntarily, the applicant is in jail since 4.12.2020, investigation is complete, custodial interrogation is not required in this case, it is the

time of COVID-19, so conclusion of trial will take time for its final disposal, there is no probability of his absconding or tampering with the prosecution

evidence, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant

under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Rajesh Mashkole be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one

surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant 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 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.

2 . The applicant 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 applicant is suffering from 'Corona Vi r us disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.