Preetamsingh vs State Of Madhya Rpadesh

This is the first bail application under Section 439 of Cr.P.C on behalf of the applicant. The applicant is in jail since 10.09.2020 in connection with Crime No.177/2012 registered at Police Station Pachore, District Rajgarh for the offence punishable under sections 363, 366, 323 and 34 IPC.

As per prosecution story, the applicant is alleged to have abducted Seema - daughter of complainant way back in the year 2012. Accordingly, the case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this case. He further submits that in the absence of applicant, charge sheet was filed on 02.01.2013. The arrest warrant was issued but, he could not be arrested as a result, he was declared as absconding on 27.07.2015. Thereafter, he was arrested on 10/09/2020 and since then he is in jail.

Learned counsel also submits that the applicant and the daughter of the complainant both belong to Bheel community. As a matter of fact, the applicant has married with the daughter of the complainant and out of their wedlock they have been blessed with four children and all are living together. For the alleged incident of the year 2012, after seven years, he has been arrested on 10.09.2020 for offence of abduction in respect of his wife who lives with him. He is sole bread earner of the family and his family is on the verge of starvation due to jail incarceration. His further incarceration shall jeopardize life of the family members. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial. In the obtaining facts and circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

Per contra, learned Public Prosecutor for the respondent/State opposes the bail application and supports the order impugned.

Upon hearing learned counsel for the parties but, without touching on merits of the contentions so advanced, regard being had to the fact that Seema - daughter of the complainant is married to the applicant and for the alleged incident of 2012, the applicant has been arrested in 10.09.2020, and not required for further custodial interrogation and there is possibility of delay in conclusion of trial, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail, on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., It is further directed that on each and every date fixed, applicant shall appear before the Court below during trial for its early conclusion with following further conditions:

(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government o f India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd Saturday of every month between 10.00 am to 12.00 noon.

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(iv) violation of conditions, State is free to apply for cancellation of bail.

In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

E-certified copy as per rules.