Dalveer Singh Jat vs State Of M.P

I.A. No. 5307/2020, an application under Section 301 (2) of CrPC on behalf of the prosecutrix, is taken up, considered and allowed for the reasons

mentioned therein. Shri S.D.S. Bhadoria, Advocate and his associates are permitted to appear on behalf of the prosecutrix.

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 30/4/2020 in connection with Crime No.145/2020 registered at Police Station Hazira, District Gwalior for offences

punishable under Sections 366, 376, 506, 345 and 34 of the IPC.

It is submitted by learned counsel for the applicant - Dalveer Singh Jat that the applicant has been falsely implicated. He has not committed any

offence. The applicant is in custody since more than one month. The prosecutrix is a married lady and is having two children. She is the sister-in-law

of the present applicant. Due to some enmity, this false case has been registered against the present applicant. Even if the prosecution case is

accepted in toto, it appears to be a case of consent. It is further submitted that the applicant is ready to co-operate in the investigation as well as in

trial. In support of his submission, learned counsel for the applicant has relied upon the judgment passed by the Supreme Court in the case of Dr.

Dhruvaram Murlidhar Sonar vs. State of Maharashtra & Ors., (AIR 2019 SC 327. )Hence, prayed for grant of bail to the applicant. He further

undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as

Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the prosecutrix has submitted that he is appearing on behalf of the prosecutrix and has filed the vakalatanama on her behalf. He

has further submitted that there were some dispute in between the prosecutrix and her husband and due to that the prosecutrix was residing with the

present applicant for the last four years. Her husband lodged a missing person report and on that account, the police has asked her to come to the

police station and the police compelled her sister to lodge the FIR. The applicant has not committed any offence. Hence, he has no objection if bail is

granted to the applicant.

Counsel for the State opposed the prayer and has submitted that the offence is registered under Sections 366, 376, 506, 345 and 34 of the IPC. As per

statement recorded under Section 164 of CrPC, there is specific allegation against the present applicant. Hence, prayed to reject the bail.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the

prisons. The Supreme Court has observed as under :

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is

controlled.

We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the

Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on

parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been

convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser

number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon

the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial

or any other relevant factor, which the Committee may consider appropriate.â€​

Looking to the overall facts and circumstances of the case and considering the submissions put forth by learned counsel for the complainant, without

commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing

personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for

his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the

test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travelÂ

permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued

by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect,Â

and   the Local Administration/Police Authorities    shall immediately take him/her in custody and would send him/her to the

same jail from where he/she was released.

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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

them 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/she is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned police station about him/his residential address in the said area and it would be the duty of the Public Prosecutor to

send E-copy of this order to SHO of concerned police station for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

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