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2020 DIGILAW 965 (MP)

Deepu Alias Deepak Kuchbandiya v. State Of Madhya Pradesh

2020-09-28

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant. 2. The applicant is in jail since 07/06/2020 in connection with Crime No.369/2020 registered at Police Station Gautam Nagar, District Bhopal for commission of offences punishable under Sections 363, 366, 376(2) (n) (J) of I.P.C and Section 5L/6 of POCSO Act. 3. The case of the prosecution against the applicant, in short, is that, the prosecutrix who was below the age of 18 years developed friendship with the applicant and the applicant on the pretext of marriage took her with him and on the pretext of marriage committed sex with the prosecutrix. 4. Learned counsel appearing for the applicant submits that the applicant has falsely been implicated in this case. The applicant is in jail since 07/06/2020 and trial will take considerable time for its conclusion, therefore, looking to the wide spread of Covid-19 virus, it is prayed that the applicant may be enlarged on bail. 5. On the other hand, learned Panel Lawyer for the respondent-State opposes the application and prays for dismissal of this application. 6. Having heard learned counsel for both the parties. As per the ossification test, the age of the prosexutrix is estimated between 16 to 18 years. The statement of the prosecutrix recorded under Section 164 of Cr.P.C. in which she categorically stated that she was major at the time of incident and solemnized the marriage with the applicant with her consent and wants to live with him, therefore, considering the facts and circumstances of the case, without commenting anything on the case, this Court is inclined to release the applicant on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed. 8. It is directed that the applicant-Deepu alias Deepak Kuchbandiya shall 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 trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 9. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. Certified copy as per rules.