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Judgment
Vijay Kumar Shukla, J
On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video
conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video
conferencing.
This is the first bail application filed by the applicant Rahul Kumar Saket under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 20.08.2020 in connection with Crime No. 378/2020 registered at P.S. Mada, District Singrauli (M.P.) for the offence
punishable under Sections 376, 376(2)(N) and 506 of IPC.
It is alleged that when the prosecutrix has gone to answer the nature's call, the applicant is alleged to have committed rape on her. In the present case,
FIR was lodged after 13 days. There is no explanation given for delay in lodging the FIR. Further as per the medical report, there is no fresh sign of
any rape and no injury is found on the person of the prosecutrix.
Taking into consideration the aforesaid, I am of the view that prima-facie the applicant is entitled for bail.
Accordingly the application filed by the applicant is hereby allowed.
It is directed that applicant Rahul Kumar Saket shall be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court In Writ Petition No.1/2020 and ensure
that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct
him 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 transportation from the jail till his place of residence.
With the above, the application is finally disposed of.
A typed copy of this order is being forwarded to the Office of the Advocate General and Ms. Swati George, learned Panel Lawyer on their respective
email address for intimation to the Police Station concerned.
The office is requested to forward a copy of this order to the learned court below.
Certified copy as per rules.