Rajesh vs State Of Madhya Pradesh

Rohit Arya, J

This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The first application

was dismissed as withdrawn vide order dated 28/08/2020 passed in M.Cr.C. No.23582/2020 with liberty to revive the prayer after eight weeks.

The applicant is in jail since 15/11/2019 in connection with Crime No.651/2019 registered at P.S., Tukoganj, District-Indore, for offence punishable

under Sections 365, 364(A), 323, 294, 506/34, 147 and 149 of IPC.

As per the prosecution story, applicant Rajesh known to the complainant is alleged to have gone to the house of the complainant and under the false

pretext taken him alongwith him and other other co-accused persons namely, Cheena, Luky Yadav and Chotu, and on the way, he was made to sit in

the Auto Riksha and was taken away to an unknown destination near Banganga, where he was assaulted by fists and kicks for the purported reason

that he used to supply secret information (mukhbari suchna) to the police about them. It is also alleged that the complainant was forced to call his

uncle to pay Rs.20,000/- for his release. Accordingly, case has been registered.

Investigation is complete. Challan has been filed.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in the case. Investigation is complete and

the challan has been filed. No further custodial investigation is required. Learned counsel also points out that on 20/11/2020, this Court has directed the

panel lawyer to place on record the recorded communication of accused persons with the uncle of the complainant -Subham demanding money for his

release and also FSL report of the complainant, however, none of such compliance has been made. The applicant has suffered jail incarceration since

15/11/2019 and due to long jail incarceration, the family in penury. Looking to prevailing Covid-19 situation, trial is not likely to conclude early in the

near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and

proper.

Per contra, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned with the submission that there are

two criminal antecedents against the applicant of the year 2014 registered under Sections 379 and 324 of IPC. Hence, applicant does not deserve to

be enlarged on bail.

At this stage, on instructions learned counsel for the applicant submits that applicant has done introspection in the wake of social and economic crisis

due to Covid-19 Pandemic in the country and volunteer to deposit an amount of Rs.35,000/- (Rupees Thirty Five Thousand only), in the office of Zila

Balsanrakshan Samiti, Distt. Indore [Axis Bank Account No.911010007267684 IFSC Code UTIB0000503] to be utilized for providing clothing, food

and other essential amenities required for the orphans living in orphanages including physically challenged persons etc., in the district under the

surveillance of Collector Distt. Indore. The Collector is also at discretion to utilize the said amount for such persons who have lost their means of

livelihood during the pandemic including sufferers of pandemic Covid-19 in the district. The aforesaid deposit of amount shall not influence the pending

trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so

advanced, regard being had to the fact that the applicant is in jail since 15/11/2019, investigation is complete and charge-sheet has been filed, he is not

required for further custodial investigation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence,

applicant is held entitled for enlargement on bail, but with certain stringent conditions.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on furnishing personal bond in the sum of Rs.3,00,000/- (Rupees Three Lacs only) with one solvent surety, in the like

amount to the satisfaction of the learned Trial Court and 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 Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.35,000/-(Rupees Thirty Five Thousand only) of any Nationalized Bank in favour of the Zila

Balsanrakshan Samiti, Distt. Indore [Axis Bank Account No.911010007267684 IFSC Code UTIB0000503] for the purpose of providing basic

amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in orphanage in

the city of Indore in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood

during the pandemic Covid-19 and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicants.

(ii) (a) the applicant shall submit the original demand draft alongwith copy of the order passed today through his counsel before the Principal Registrar

of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft

to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in

relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Indore is also

directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his presence before the concerned police station on every 2nd and 4th Saturday between 10.00 AM to 12.00 Noon till

pendency of the trial.

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of 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);

(vi) 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.

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

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.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.