Rinku Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 2334 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC.12342.2021.
               (Rinku Kushwah Vs. State of M.P. )

GWALIOR; dated 14.06.2021.

      Shri P.S.Bhadoria, learned counsel, for the applicant.

      Shri VPS Tomar, learned PL for the respondent /State.

In the wake of unprecedented and uncertain situation due to

outbreak of the Novel Corona virus (COVID-19) and considering the

advisories issued by the Government of India, this application has been

heard and decided through video conferencing to maintain social

distancing. The parties are being represented by the respective counsels

through video conferencing, following the norms of social distancing/

physical distancing in letter and spirit.

This is the second bail application u/S.439 Cr.P.C filed by the

applicant for grant of bail.

The applicant is arrested on 11.8.2020 by Police Station Chinnoni

district Morena, in connection with Crime No.65 of 2020 registered in

relation to the offence punishable u/S 363, 366, 376(2) and (n) of IPC

and 3/4 and 5/6 of POCSO Act.

It is submitted by counsel for the applicant that earlier application

of the applicant was rejected on merits vide order dated 15.10.2020 in

M.Cr.C.No.35398 of 2020. Counsel for the applicant has argued that the

investigation is complete in the matter and the charge sheet has already

been filed, therefore, there is no further requirement of custodial

interrogation of the applicant. Statements of the victim under Sections

161 and 164 of Cr.P.C have already been recorded wherein, she has not

THE HIGH COURT OF MADHYA PRADESH MCRC.12342.2021.

(Rinku Kushwah Vs. State of M.P. )

stated anything against the present applicant. Even the medical report

does not reflect any definite opinion regarding sexual assault being

made by the applicant. Age of victim as per medical document is shown

to be 20 years. He is ready to abide with all the conditions as may be

imposed by this court while considering this bail application. He has

relied upon the judgment rendered by the Hon'ble Supreme Court by

order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020

wherein, while considering the situation arising out of the Covid 19

Pandemic scenario, it has directed all the States to constitute a High

Level Committee to consider the release of prisoners in order to

decongest the prisons if they are not required any further in custody and

by Division Bench of this Court Principal Seat at Jabalpur in

W.P.No.9320 of 2021 on 17.5.2021. Further, looking to the present

Covid 19 Pandemic scenario, counsel for the applicant prayed for grant

of bail.

Per contra, learned counsel appearing for the State has

vehemently opposed the application stating that at the time of

consideration of earlier application on 15.10.2020 a detailed order was

passed by this court wherein, certain observations with respect to age of

the victim were made and Superintendent of Police Morena was

directed to look into the matter. Statements of victim recorded under

Sections 161 and 164 of Cr.P.C were also considered by this court while

THE HIGH COURT OF MADHYA PRADESH MCRC.12342.2021.

(Rinku Kushwah Vs. State of M.P. )

considering earlier bail application. Age of victim as per school record

is 15.5.2006 and there was some manipulation in the age, therefore, this

court had directed Superintendent of Police Morena to inquire into the

matter but despite repeated directions of this court, Investigating

Officer is not producing the original record before the court. In such

circumstances, no new ground is available to the applicant except the

period of custody which does not matter in the cases of heinous offences

like under POCSO Act. He prays for rejection of this bail application.

Considering the over all facts and circumstances of the case and

also the fact that a detailed order was passed by this court while

considering earlier bail application in which all the grounds raised by

counsel for the applicant were considered. In such circumstances, no

case for bail is made out.

This application is therefore, rejected.

CC as per rules.

(Vishal Mishra) Judge Rks.

RAM KUMAR SHARMA 2021.06.16 13:42:38 +05'30'