Ramesh vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is repeat application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 642/2021 registered at Police Station Bagli, Distt. Dewas (M.P.) under Sections 363, 450, 342, 376(3) of IPC, Sec.3/4 of POCSO Act.

The earlier bail application was dismissed as withdrawn with liberty to renew the prayer after recording of the statement of the prosecutrix and other relevant witnesses.

Counsel for applicant submits that the statement of the prosecutrix and the witnesses have been recorded.

They have not supported the prosecution on the date of incident was 20 years.

Counsel for State opposed the prayer for grant of bail on the ground that as per the scholar register the age of the prosecutrix is less than 15 years.

Taking into consideration the statement of the prosecutrix and their parents that they have not supported the prosecution case and they have stated that the age of the prosecutrix on the date of incident was 20 years, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant 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 release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct applicant 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 transportation from the jail till the 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.