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2020 DIGILAW 881 (MP)

Brajesh @ Vijay Sahu v. State Of Madhya Pradesh

2020-09-09

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this fifth application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail, whereas his previous four applications have been dismissed on merits. 2. Also, heard on I.A. No.8340/2020 for grant of ad-interim/temporary bail. 3. The applicant is in jail since 10.08.2018 in connection with Crime No.482/2018 registered at Police Station-Budhar (Chowki Keshwahi), District-Shahdol for offence punishable under Sections 376, 458, 456, 450 and 306 of Indian Penal Code. 4. The case of prosecution against the applicant, in short, is that prosecutrix and applicant were found in a compromising position. The prosecutrix was a married lady. When her husband saw the prosecutrix and applicant together in the room, the prosecutrix felt ashamed of her act and took terminal step of suicide. 5. Learned counsel appearing for the applicant submit that he is not arguing this application on merits of the case. The applicant, who was 19 years old at the time of incident, is in jail since 10.8.2020. So many inmates in jails are tested positive for Corona Virus. Looking to the widespread of Corona Virus, particularly in jails, it is prayed that the the applicant be released on temporary bail for a period of 6 months. 6. Learned Panel Lawyer for the respondent/State, on the other hand, opposes the application and submits that previous four applications of the applicant were dismissed on merits by this Court, therefore, it has been prayed to dismiss this application also. 7. Having heard learned counsel of the parties and keeping in view the facts and circumstances of the case in their entirety and considering the present situation of widespread of Novel Corona Virus, particularly in jails, this Court is inclined to release the applicant on temporary bail for a period of six months. Hence, this application under Section 439 of the Cr.P.C. is allowed. 8. It is directed that applicant-Brajesh @ Vijay Sahu shall be released on temporary bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for a period of six months only from the date of his release and he shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 9. The applicant is directed to surrender before the Court immediately on expiry of the period of six months only from the date of his release. 10. It is further directed that if the applicant is found indulged in any criminal activity during temporary bail, the temporary bail granted in this case shall become ineffective. 11. Jail authorities and State are directed to follow the guidelines issued by the Ministry of Health/State/Centre in the wake of widespread of Novel Corona Virus (COVID-19) during lock-down period before and after releasing of the applicant from the jail. 12. Since final order has been passed in this case; therefore, pending applications, if any, shall stand disposed of. 13. With the aforesaid directions, I.A. No.8340/2020 shall also stands disposed of. 14. Certified copy as per rules.