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Judgment
Vijay Kumar Shukla, J
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.359/2019 registered at Police Station Sendhwa, Barwani (M.P.) under Sections 366, 376(1), 376(2) (n) of the IPC.
After going through the statement of the prosecutrix recorded under section 164 of the Cr.P.C, it is apparent that the prosecutrix herself had gone alongwith the applicant at various places including Gujarat where she stayed with him in a lounge for five days. She visited at many places but did not raise any alarm. It seems that she was a consenting party. Her age is about 20 years.
In view of aforesaid, I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
I t is directed that Applicant 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 Ld. 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 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.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
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 Ld. Court below.