Sudhir Sen vs State Of Madhya Pradesh And Others

Atul Sreedharan, J

This is the first bail application filed by the applicant under Section 439of the Cr.P.C. for grant of bail in connection with Crime No.231/2020 for the

offences punishable under Sections 354/34 of I.P.C. and U/s.7/8, 13, 14, 16, 17 of POCSO Act as also U/s.67-Kha of the I.T. Act, registered at

Police Station-Amlai, District- Shahdol.

The applicant is in judicial custody since 02.06.2020 in the aforementioned case.

This is the second application for grant of bail, the first application having been dismissed as withdrawn vide order dated 06.08.2020 passed in M.Cr.C.

No.18239/2020.

The allegation against the applicant is that on 29.05.2020, he had demanded money from the prosecutrix for cutting her hair. The prosecutrix went to

the house of the applicant and told him that the money for the hair cut would be paid by her father. However, the applicant is alleged to have pulled

the prosecutrix inside the house, touched her breast and also allegedly prepared a video of the incident. The video of the incident was then sent to a

friend of the applicant, who in turn, send the same to the uncle of the prosecutrix and the uncle showed the same to the father of the prosecutrix.

Thereafter, the F.I.R. was registered on 02.06.2020. The investigation is over and the charge-sheet has been filed.

Learned counsel for the State while opposing the application for grant of bail to the applicant has stated that the mobile phone of the applicant has

been seized and the Police tip accompanying the case-diary states that besides the present case, there are no other cases pending against the applicant

herein. Thus, the applicant appears to be the first time offender and has completed more than 6 months in judicial custody and the charge-sheet in this

case has also been filed.

Under the circumstances, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in

the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial court.

The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.