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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. The applicant is in jail in connection with Crime
No.429/2020 registered at Police Station Bairasia, District Bhopal for commission of offence punishable under Section 376 (2) (n), 506, 323 and 120-B
of the IPC.
The allegation against the applicant, in short, is that marriage of the prosecutrix was solemnized with one Vijay @ Brajmohan Vishwakarma. After
marriage when prosecutrix did not conceive any child for a long time, then the husband and mother-in-law of the prosecutrix took the prosecutrix to
the present applicant-Kallu Shah Baba, who is an exorcist, with intention that he will remove all hurdles. Applicant took the prosecutrix inside the room
and outraged her modesty. Thereafter she came back at her matrimonial house and stated the incidence to her husband and mother-in-law, but they
threatened her not to disclose anything to anyone. The prosecutrix kept mum, but second time on 18.07.2020 they again called Baba. When
prosecutrix denied for that, husband of the prosecutrix beat her and forced her to go with present applicant-Kallu Shah Baba. Applicant took her inside
the room and did some exorcist work. It is alleged that applicant touched and inserted finger in her private part. Thereafter, she narrated whole story
to her brother and lodged this report.
Learned counsel for the applicant submits that, applicant has falsely been implicated in the case. Prosecutrix settled the matter with co-accused
(husband of the prosecutrix) and filed a compromise application before the trial court, which is supported by affidavit of the prosecutrix. It is also
submitted that after investigation, charge-sheet has been filed. The applicant is trial will take considerable time, therefore, it has been prayed that the
applicant may be released on bail.
 Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application.
Heard learned counsel for the parties and perused the case diary. On perusal of record it reflects that husband and mother-in-law of the prosecutrix
took the prosecutrix to the present applicant for doing some exorcist work.
Prosecutrix is major lady. There is delay in filing FIR. Keeping in view the facts and circumstances of the case, particularly, considering the settlement
arrived at between the prosecutrix and co-accused, as also considering the age of the applicant who is more than 65 years and looking to the present
situation of Covid-19, this Court is inclined to enlarge the applicant on bail.
 Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Kallu Shah, stands allowed.
 It is directed that the applicant 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.
 This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
 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.
 Certified copy as per rules.