Bhanwarsingh vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.88/2021 registered at Police Station - Bagli, district Dewas (M.P.) under Sections 376(2)(a)(b), 376(2)(n), 376(2)(f), 506(II) IPC and section 5(m)/6, 5(l)/6 of PCSO Act.

The earlier bail application was dismissed as withdrawn with liberty to renew the prayer after the FSL report is received.

Counsel for the applicant submits that FSL report has been received and same has been filed along with the application. The FSL report is negative and does not tally with the allegation made by the prosecutrix against the applicant.

Applicant is in jail since 14.02.2021. In these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail on the ground that statement of prosecutrix has been recorded and she has made allegation against the present applicant who is her step father and allegation has been made that applicant had been sexually exploiting the prosecutrix since she was aged 10 years.

Taking into consideration that the FSL report is negative and does not corroborate the allegation made by the prosecutrix and further, the applicant is in jail since 14.02.2021, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Bhanwarsingh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.