Nandlal vs State Of Madhya Pradesh

The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 21.10.2019, in connection with Crime No.877/2019, registered at Police Station Janakganj, District Gwalior, for the offence punishable under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act.

It is the submission of counsel for the applicant that false case registered against the him and he is in confinement since 21.10.2019. It is submitted that statement of prosecutrix indicates that she left her maternal home on her own volition and she was consenting party. It is further submitted that medical opinion belies the allegations. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial court. He would not be a source of embarrassment and harassment to the complainant party / prosecution witnesses in any manner. He further undertakes to do some community service. Under these grounds, he prayed for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the prayer made by the applicant and prayed for dismissal of this application.

Heard the learned counsel for the parties and perused the documents appended thereto.

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but 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/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

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

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; he would not move in the vicinity of complainant party.

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 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;

As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Centre Morar/District Hospital, Morar, Gwalior in Outdoor Patient Department (OPD) and serve the patients for six months i.e. for the months of December, 2019 and January, February, March, April and May, 2020 on every Monday and Tuesday from 9 am till 1 pm so that he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Gwalior/ Hospital Superintendent, Morar, Gwalior as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc.

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

CMHO, Gwalior may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service in the months of December, 2019 and January, February, March, April and May, 2020. The report may be submitted in May, 2020. On the other hand, applicant shall also have to submit a report about his 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 ingrained attributes of human existence.

A copy of this order be sent to District Judge Gwalior, Chief Medical and Health Officer Gwalior and concerned Hospital Superintendent also for information and ensuring compliance.

C.c as per rules.