Chandresh vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard learned counsel for the parties.

Case diary perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 25.11.2020 by Police Station Shamshabad, District Vidisha in connection with Crime No.443/2020 registered in

relation to the offence punishable under Sections 363, 344, 376, 376(2)(n) of IPC and Section 3/4, 5/6 of POCSO Act.

Allegation against the applicant, in short, is that on 19.10.2020 when the complainant and her daughter/prosecutrix were coming to Shamshabad

alongwith the accused/applicant from her village Vardha, at the Bus Stand she started purchasing some articles and when she came back, she found

that the prosecutrix and the applicant were not present at the spot. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. Applicant is in custody since 25.11.2020. Investigation

has not yet complete. On bare perusal of the statements of the prosecutrix under Section 161 Cr.P.C. as well as 164 Cr.P.C., it can be seen that no

single allegation against the present applicant has been leveled by the prosecutrix. Whereas the prosecutrix has submitted that she knew the co-

accused Gaurav for last seven months and was having affair with him and thereafter she lived with Gaurav for a period of one month on her own.

Counsel for the applicant submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. It is

also submitted that the applicant can not be kept in custody for indefinite period. Applicant is a permanent resident of District Vidisha and there is no

likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With

the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer for the State opposed the application contending that on the basis of the allegations and the material available on record, no

case for grant of bail is made out. It is further submitted that the present applicant is also instrumental in taking away the prosecutrix alongwith the co-

accused Gaurav and the investigation is pending and therefore, custodial interrogation may be required. On these grounds he prays for rejection of the

application. However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely â€" Chandresh

be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to

the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing,

physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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;

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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant shall install Arogya Setu App (if not already installed) in his mobile phone;

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.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.