Shobha Patel vs State Of Madhya Pradesh

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 15.07.2021, in connection with Crime No.253/2021, registered at Police Station-Naryawali, District-Sagar (M.P.) for the offence punishable under Sections 450, 376(1) and 506 of IPC

As per prosecution story, on 14.07.2021, prosecutrix aged about 20 years, was in her room. At that time, present applicant/accused entered into her room and committed intercourse with her. On her shriek, her husband reached there then applicant/accused ran away.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. Applicant/accused is 20 years young boy. Prosecutrix is also 20 years married lady and she is mother of one child. It is alleged by the prosecution that at the time of incident, her mother-in-law was present in the house. Prosecutrix has been examined by the doctor, no injury is found on the body of prosecutrix. At the time of incident, the husband of prosecutrix reached there. So, it appears that it is a matter of consent. Applicant/accused is neighbor of prosecutrix. He has no previous criminal antecedent. He is in custody since 15.07.2021, charge sheet has been filed. It is the time of COVID-19 pandemic, due to which, conclusion of trial will take long time. Applicant is bread earner of his family and if he is kept in custody for an unlimited period, then future of his family will be spoiled. There is no probability 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 opposes the bail application. Considering the contention of both the parties and this fact that applicant/accused is neighbor of prosecutrix, applicant/accused is 20 years young boy, prosecutrix is also 20 years married lady and she is mother of one child, at the time of incident, the mother-in-law is also present in the house and the husband of prosecutrix came on the spot, applicant/accused has no previous criminal antecedent, prosecutrix has been examined by the doctor, no injury is found on the body of prosecutrix, applicant/accused is in custody since 15.07.2021, charge sheet has been filed, applicant is bread earner of his family, it is the time of COVID-19, so conclusion of trial will take long time, 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- Shobha Patel be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties of Rs.50,000/-(Rupees Fifty Thousand) each 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.

This order will remain operative subject to compliance of the following conditions by the applicant:

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officers;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court.

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.

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.