Door Singh And Another vs State Of Madhya Pradesh

The applicants have filed this first application under Section 439 of Cr.P.C for grant of bail, who have been arrested and are in custody since 23-03-2019, in connection with Crime No.16/2019, registered at Police Station Sirasi, District Guna for the offence punishable under Sections 376(d), 323, 506-B of IPC.

It is the submission of learned counsel for the applicants that false case has been registered against them. They are suffering confinement since 23-03-2019. Material prosecution witnesses have been examined, including the prosecutrix (PW-2) and her husband (PW-1). Chances of tampering with evidence or witness is remote. They undertake to cooperate in trial and to appear before the trial court as and when required and further undertakes that they would not be a source of harassment and embarrassment to the complainant and would not move in her vicinity. They intend to do some community service. Thus, prayed for bail.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of this application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) each, with one solvent surety each of the like amount to the satisfaction of Trial Court concerned.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants will not indulge themselves 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 applicants will not commit an offence similar to the offence of which they are accused;

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

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

Applicants shall appear regularly before the trial Court. Any default on part of applicants would disentitle them from the benefit of bail.

As per the undertaking of the counsel on behalf of the applicants for social/community work, the applicants are directed to visit District Hospital, Guna in Outdoor Patient Department (OPD) and serve the patients on every Monday and Tuesday between 09:00 am to 1 pm from this month of November till May, 2020 so that they may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), Guna shall permit the applicants to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. They would not be allowed to move in the Wards and ICU etc.

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

A copy of this order be sent to CMHO, Guna for information and ensuring compliance of this order. CMHO, Guna may inform the Registry of this Court, if any default is made by the applicants. Even otherwise, CMHO/Hospital Superintendent as the case may be may submit a report about the work done by the applicants after completion of their stint with community service in every two months. The report may be submitted in December, 2019. On the other hand, applicants shall also have to submit a report about their 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, Guna, CMHO, Guna and the concerned trial Court for information and necessary compliance.

Certified copy as per rules.