Rakesh Yadav vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the appeal has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.

Heard and perused the record.

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.87/2020 registered at Police Station- Orchha Road, District Chhatarpur (M.P.) under Sections 363, 366-A, 376(2)(n) of IPC and 5/6 of POCSO Act.

Learned counsel for the applicant submits that the prosecution case is that the prosecutrix was sleeping in her parents' house, and then she was found to be missing thereafter, she was recovered from her real brother-in-law's house. It is submitted that the allegation of rape is prima facie false as the prosecutrix was a married woman and she had a baby of two to three months. The prosecutrix has not supported the prosecution case and further as per the ossification test report, the age of the prosecutrix is 17 to 18 years.

Learned counsel for the objector has also submitted that prosecutrix is not supporting the prosecution case and she has no objection in grant of bail.

Taking into consideration the totality of facts of the case, prima facie, case is made out for grant of bail. Therefore, the application is allowed.

It is directed that Applicant- Rakesh Yadav shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If the Applicant show symptoms of COVID-19, the doctor shall forthwith direct him 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 transportation from the jail till his place of residence.

With the above the application is finally disposed of.

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 and Ms. Aishwarya Singh, learned Panel Lawyer, on their email address, for intimation to the Police Station concerned.

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

Certified copy as per rules.