Minesh @ Suraj Khanna vs State Of Madhya Pradesh

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.

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. His earlier application was dismissed as withdrawn vide order dt.17.08.2020 in M.Cr.C.No.19701/2020.

The applicant has been arrested on 10.05.2020 by Police Station- Gole Ka Mandir, District Gwalior in connection with Crime No.231/2020 registered in relation to the offence punishable under Sections 376, 376(2)(N), 323, 506 of IPC and Section 3/4 of POCSO Act.

Allegations against the applicant, in short, are that he maintained illicit relation with the minor daughter of the complainant and when she scolded him, then the applicant started threatening her and also forcefully committed rape on her on the date of incident i.e. 08.05.2020. 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. He is in custody since 10.05.2020. Charge-sheet has been filed and no further custodial interrogation is required in the matter. The applicant is a student in medical stream and pursuing the course of physiotherapist. He has no criminal history. From the perusal of the FSL report, no pubic hair was found and in the MLC report also doctor has opined that there is no internal or external injury over the body of the prosecturix. No definite opinion with regard to committing rape has been given. 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 due to COVID-19 trial is held up. The applicant can not be kept in custody for indefinite period. Applicant is a permanent resident of District Gwalior 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 appearing for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

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 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.