Vikas Choudhary vs State Of Madhya Pradesh

Anjuli Palo, J

This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 31.03.2021 in connection with

Crime No. 573/2018 registered at Gohalpur, District Jabalpur for offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code.

Applicant was released on bail by the trial Court itself. However, due to non-appearance of the applicant on 29.01.2019, arrest warrant was issued

against him as he was absconding at the stage of framing of charges. Thereafter, he was arrested and is in custody since 31.03.2021.

Learned counsel for the applicant submits that applicant is a poor labor and sole earning member of his family. Due to Covid-19 pandemic, trial would

take considerable time, hence, it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the bail application.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. It is directed that

applicant-Vikas Choudhary be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent

surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on the dates so fixed by that Court

during trial, failing which this order shall become ineffective. In case, the applicant again jumps bail, this Court may consider not granting him bail in

future.

The Jail Authorities shall have the applicant checked up 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.

Accordingly, the application is allowed and disposed of.