Bablu vs State Of Madhya Pradesh

This is the first application under Section 439 of the Cr.P.C filed by the applicant, who is in custody since 31.08.2019, in connection with Crime No.164/2019, registered at Police Station Maksudangarh, District Guna, for the offences punishable under Sections 376, 366, 506 and 34 of IPC.

It is the submission of the learned counsel for the applicant that twists and turns naratted by the prosecutrix in her two statements recorded under Sections 161 as well as 164 of Cr.P.C. indicate the nature of allegations and seriousness of it. It appears that prosecutrix is trying to play hide and seek with the investigatig agency also. Variation in different statements renders the case doubtful. Charge-sheet has already been filed. Confinement since 31.08.2019 amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court. He would not be a source of embarrassment and harassment to the complainant party / prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the prayer made by the applicant.

Heard learned counsel for the parties and case diary perused.

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be; he would not move in the vicinity of the complainant party in any manner.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Centre, Maksudangarh, Guna/ District Hospital Guna in Outdoor Patient Department (OPD) and serve the patients from the release of applicant till conclusion of trial on every Monday and Tuesday from 9 am to 2 pm so that he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Guna/Superintendent of Community Health Center, Guna as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. Applicant would not be allowed to move in the Wards and ICU etc.

CMHO, Guna/Superintendent of Community Health Centre, Guna, shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.

CMHO, Guna, may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service from release of applicant till conclusion of trial. The progress report may be submitted on expiry of every two months till conclusion of trial. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately ingrained attributes of human existence.

A copy of this order be sent to District Judge Guna, Chief Medical and Health Officer Guna and concerned Superintendent, Community Health Centre, Guna also for information and ensuring compliance.

C.C. as per rules..