Jagdish Singh Kushwah vs State Of M.P

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 04-03-2020 by Police Station Banmore, District Morena in connection with Crime No.283/2007 registered for offence punishable under Sections 452, 323, 366, 376(2)(chha), 452, 120-B, 34 of IPC. His earlier bail application was dismissed as withdrawn.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 04-03-2020 whereas charge-sheet has already been filed. Applicant is aged 72 years. Predicament of the applicant is his age and period of custody. Earlier trial held in respect of other co-accused and vide judgment dated 25-08-2011 acquittal has been recorded in their favour. Even otherwise in the present case also prosecutrix and complainant do not raise any objection and extended no objection in relation to bail of the applicant. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner and he shall not move in the vicinity of complainant party. He further undertakes to abide by all the terms and conditions of guidelines, 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. Applicant intends to perform community service and to serve the National cause voluntarily by contributing in Army Central Welfare Fund to purge his misdeed, if any.

Counsel for the State opposed the prayer and prayed for dismissal of the bail application.

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

After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail.

As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel 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, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

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

1.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 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 is accused;

The applicant will not be a source of embarrassment or harassment to the complainant party in any manner 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;

Applicant shall not move in the vicinity of the prosecutrix and her family members and would always cooperate in trial. He would not tamper the evidence and witnesses of the case, otherwise, this benefit of bail shall be withdrawn.

The applicant shall deposit Rs.5,000/- in favour of Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi within thirty days from the date of his release.

The applicant will inform the SHO of concerned police station about 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 concerned trial Court for compliance, if possible for the office of this Court.

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