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Judgment
This is the first application preferred by the applicants under Section 438 of Cr.P.C. wherein they are apprehending their arrest in a case registered at Crime No.758/2019 at Police Station Kotwali District Guna for the offence under Sections 328, 376, 354, 120-B of IPC.
It is submitted by learned counsel for the applicants that they are apprehending their arrest because of registration of offence referred above. Applicant No.1 is father-in-law and applicant No.2 is husband of prosecutrix. She levelled the allegations just to settle the score because of domestic dispute. Earlier she sworn an affidavit before the Court that she would live properly with her husband but later on, she filed this complaint as counter-blast. As per allegation, she was referred for medical examination but she declined to undergo the same. By medical examination, the theory of administration of intoxicating drugs would have been clarified but she declined. Confinement would bring social disrepute and professional inconvenience. They undertake to cooperate with investigation and would make themselves available as and when required by the investigating officer and trial Court and would perform some community service. Thus, prayed for grant of bail.
On the other hand, learned Panel Lawyer on the basis of case diary submits that there is named FIR against the applicants, therefore, prayed for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions of learned counsel for the applicants as well as fact situation of the case, without expressing any opinion on the merits of the case, I intend to allow this bail application. It is directed that applicants shall be released on bail in case of their arrest on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Arresting Authority/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicants:-
The applicants will comply with all the terms and conditions of the bond executed by them;
The applicants will cooperate in the investigation/trial, as the case may be;
The applicants will not indulge themselves 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 applicants will not commit an offence similar to the offence of which they are accused;
The applicants will not seek unnecessary adjournments during the trial; and
The applicants 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 applicants for social/community work, the applicants are directed to visit District Hospital, Guna in Outdoor Patient Department (OPD) and serve the patients for three months (applicant No.1 shall visit the hospital on Monday and Tuesday and applicant No.2 shall visit the hospital on Wednesday and Thursday) between 09:00 am to 1 pm from this month of October till January, 2020 so that they may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), Guna shall permit the applicants to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. They would not be allowed to move in the Wards and ICU etc.
CMHO, Guna/Hospital Superintendent, District Hospital Guna District Guna shall use the service of applicants in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicants may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicants may be helpful as volunteer.
A copy of this order be sent to CMHO, Guna/Hospital Superintendent, District Hospital, Guna for information and ensuring compliance of this order. CMHO, Guna/ Hospital Superintendent, District Hospital, Guna may inform the Registry of this Court, if any default is made by the applicants.
Even otherwise, CMHO/Hospital Superintendent as the case may be may submit a report about the work done by the applicants after completion of their stint with community service in every two months. The report may be submitted in December, 2019. On the other hand, applicants shall also have to submit a report in every month about their 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 engrained attributes of human existence.
Copy of this order be sent to the District Judge, Guna, CMHO, Guna/Hospital Superintendent, District Hospital, Guna District Guna and the concerned trial Court for information and necessary compliance.
Certified copy as per rules.