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Judgment
18 paragraphs · 385 wordsVijay Kumar Shukla, J
This is first application of the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.85/2020 registered at Police Station
Biaora City District Rajgarh for the offences under Sections363,366,376(2-N) of IPC and Section 5/6 of POCSO Act,2012.
Counsel for the applicant submits that the prosecutrix in her statement under Section 164 of Cr.PC has not supported the prosecution case. She has
stated that she was having affair with the present applicant and had gone on her own with him and got married. Thereafter she had physical relation
with him out of which she also got pregnant. As per the school register the age of the prosecutrix is more than 17 years 8 months.
Considering the totality of the facts of the case and age of the prosecutrix, I am of the view, that the applicant is entitled for grant of bail.
It is directed that Applicant- Rambharose Kandera S/o dhannalal Kandera 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 RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020""and ensure that the applicant is examined by the jail doctor before his release.
If the applicant shows 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.
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, 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.