Kulwant Rathor vs State Of M.P.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard on I.A. No.8344/2020, which is an application under Section 301 (2) of Cr.P.C. for permitting the learned counsel for the complainant to assist

the Public Prosecutor.

For the reasons mentioned in the application, the application is allowed and the counsel for the complainant is permitted to assist the State counsel.

Heard the learned counsel for the parties.

The applicant has filed this fourth application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 05.08.2019 by Police Station

Mehgaon, District Bhind (M.P.) in connection with Crime No.261/2019 registered in relation to the offence punishable u/S. 294, 323, 324, 506 and 326

of IPC.

It is submitted by the counsel for the applicant that the first bail application was dismissed as withdrawn by this Court vide order dated 30.09.2019 in

M.Cr.C.No.39454/2019 with liberty to repeat the same after completion of investigation and filing of the charge sheet. The second bail applicant was

rejected vide order dated 01.11.2019 in M.Cr.C.No.43868/2019 with liberty to renew his prayer after recording of the statement of the injured. The

third bail application was dismissed as withdrawn vide order dated 11.02.2020 in M.Cr.C.No. 3712/2020. It is further submitted that on the earlier

occasions, the bail applications have been considered and decided on merits with a liberty to repeat the same after examination of the injured witness.

Subsequently, the statement has been recorded before the trial Court and another bail application was filed before this Court which was disposed of

vide order dated 11.02.2020 with a direction to learned trial Court to expedite the proceedings. It is submitted that in all 11 witnesses were required to

be examined by the prosecution out of five material witnesses have examined. Thereafter, the case was listed for examination of witnesses on

17.02.2020 but none of the witnesses were examined. On the next date 02.3.2020 none of the witnesses were examined and the case was adjourned

for 18.03.2020. Again no witness was examined and thereafter due to Covid-19 pandemic situation as well as lockdown, it is submitted that the

applicant is in custody since 05.08.2019 almost 11 months. Learned counsel for the applicant has placed reliance upon the judgment passed by the

Hon'ble Supreme court in the cases of Bhausaheb Nagu Dhavare Vs. State of Maharashtra & Anr. reported in 2001 (3) Crimes 410 (SC) andS tate

of Kerala Vs. Raneef, reported in 2011 (1) SCC 784, and it is alleged that the applicant has already suffered incarceration about 11 months. There is

no criminal antecedent against the present applicant. The applicant is ready to abide by all the terms and conditions which may be imposed by this

court while considering the application for grant of bail. The applicant has shown his willingness to contribute an amount of Rs.5000/- towards the PM

Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the

applicant.

Per contra, learned Panel Lawyer for the State as well as counsel for the complainant has opposed the bail application and prayed for rejection of the

application.

Looking to the custody period of the present applicant and considering the judgments passed by the Supreme Court in the cases of Bhausaheb Nagu

Dhavare (supra) and State of Kerala (supra) and also considering the guidelines issued by the Hon'ble Supreme Court during this situation of COVID-

19 pandemic scenario, owing to which regular functioning of trial Court is withheld, this Court deems it appropriate to allow this application. The

application is allowed.

The applicant is directed to be released on bail on furnishing his personal bonds in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one

solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written

undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central

Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -

19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 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 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 deposit Rs.5000/- in PM CARE Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691,

SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven days from today.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Dy. Advocate General to send E-copy of this order to SHO of concerned police station as well as the concerned Superintendent of Police who

shall inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

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