Ramgopal vs State Of Madhya Pradesh And Others

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 10.12.2020, in

connection with Crime No. 161/2020, registered at Police Station Keshli, District- Sagar (M.P.) for the offence punishable under Sections 363, 366,

376, 376 (2)(n) of IPC and Sec. 5/6 of POCSO Act.

As per prosecution story, on 20.07.2020, prosecutrix aged about 17 years was missing from her house. She was searched, but she was no t found.

Then father of the prosecutrix lodged the report. On 10.12.2020, prosecutrix was recovered from the possession of present accused/applicant. She

stated that accused/applicant kidnapped her and committed intercourse with her.

Learned counsel for the applicant/accused submits that prosecutrix is above 18 years. He filed copy of Samgra ID of the prosecutrix in which it is

mentioned that the prosecutrix was 16 years of age in the year 2013. Applicant is about 25 years of age. They belongs to same caste. Both love each

other, prosecutrix wants to solemnize the marriage with present applicant, but parents of prosecutrix were not ready to accept their relations, so

prosecutrix voluntarily came to the applicant, therefore, no case is made out against the applicant-accused.

Prosecutrix and applicant were caught by police officials, so prosecutrix was pressurized to give false statement against the present applicant. There is

no previous criminal antecedent against the applicant. Applicant is in jail since 10.12.2020. Investigation is completed. It is the time of COVID-19, so

conclusion of trial will take time. There is no possibility of his absconding or tampering with the prosecution evidence. On these grounds, learned

counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the State submits that prosecutrix is below 18 years, therefore, he opposes the bail application. Considering the

contention of both the parties and fact that age of prosecutrix is disputed, prosecutrix wants to solemnize marriage with the present applicant-accused,

so, it appears that it is a matter of love affair, investigation is completed, there is no previous criminal antecedent against the applicant, he is in jail since

28.07.2020, it is the time of COVID-19, so conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution

evidence, it would not be appropriate to keep the applicant in jail whole the trial, 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-Ramgopal be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) 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 Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.