Brajendra Singh Gurjar vs State Of Madhya Pradesh

Shri Abhishek Singh Bhadoriya, counsel for the complainant. This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 10.10.2017 in connection with Crime No.73/2017 registered at Police Station Deepar, District-Datia for the offence punishable under Sections 147, 148, 149, 294, 307, 336, 302 of IPC. His first bail application was dismissed as withdrawn vide order dated 16.08.2018 passed in MCRC No.28236/2018.

It is the submission of learned counsel for the applicant that the case is of over implication. In the FIR and statement recorded under Section 161 of Cr.P.C., name of applicant was referred as one of the co-accused. Later on, in examination-in-chief of eyewitnesses, name of applicant does not find place. His presence was not described by the witnesses on the spot, rather the witnesses categorically exonerated the applicant from the spot. Besides that, all eyewitnesses have deposed on oath by way of examination-in-chief and their cross-examination is going on. Once the examination-in-chief of all witnesses has been completed then chance of tampering with evidence / witnesses is remote. The applicant is suffering confinement since 10.10.2017 more than two years and confinement since 10.10.2017 amounts to pretrial detention. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would not try to contact them. He prayed for grant of bail. He also expressed his desire to do some community service.

Learned Public Prosecutor for the respondent/State opposed the prayer and submits that looking to the injuries sustained by the victim, bail application be dismissed.

Learned counsel for the complainant also opposed the prayer and submits that the applicant may tamper the witnesses and fairly submits that the Trial Court shall able to look into the evidence of the witnesses specially examination-in-chief vis-a-vis cross-examination. He relied upon the judgment rendered by Hon'ble Supreme Court in the case of Khujji @ Surendra Tiwari Vs. State of M.P. reported in AIR 1991 SC 1853. He further submits that the Trial Court can go into the variations between examination-in-chief and cross-examination done on two different dates. He prayed for dismissal of this bail application.

Heard the learned counsel for the parties and perused the case diary.

Considering the stage of trial as well as the long confinement for two years of the applicant, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with two solvent sureties of the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial.

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

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; and he shall not move in the vicinity of the complainant party and he shall not make any contact with the complainant party.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will 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.

The applicant shall mark his appearance before the Police Station Deepar District Datia on every Monday between 10:00 AM to 02:00 PM till conclusion of trial and any default shall dis-entitle him from benefit of bail.

As per the undertaking given by counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Centre, Seondha, District Datia in Outdoor Patient Department (OPD) and serve the patients on every Tuesday and Wednesday from 09:00 AM to 01:00 PM from the date of release of applicant till conclusion of trial, 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 - Datia/Hospital Superintendent, Seondha as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc. CMHO, Datia / Hospital Superintendent 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. It is made clear that applicant shall not be a source of any infection and discomfort to the patients and would confine himself in the work of cleanliness, registration of patients or those works which may not endanger the interest of any patient.

A copy of this order be sent to CMHO, Datia/Hospital Superintendent for information and ensuring compliance of this order. CMHO / Hospital Superintendent, Datia may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO/Hospital Superintendent as the case may be, may submit a report about the conduct and the work done by the applicant every month, which shall be kept under the caption "Direction". The reports shall be submitted by the applicant before the trial Court on expiry of every three months for two years. 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 engrained attributes of human existence.

Copy of this order be sent to the District Judge, Datia, CMHO, Datia/Hospital Superintendent of concerned Hospital for information and necessary compliance.

Certified copy as per rules.