Rinku vs State Of M.P

S.A. Dharmadhikari, J

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.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this second application u/S. 439 Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 02/07/2020 passed in MCRC No.19390/2020.

The applicant has been arrested on 22/03/2020 by Police Station- Naisarai, District- Ashoknagar in connection with Crime No.33/2020 registered in relation to the offences punishable under Sections 363, 366 and 376(2)(n) of IPC.

Allegations against the applicant, in short, are that on 05/03/2020, the applicant, by enticing, took the presecutrix alongwith him from her house and committed rape with her against her will. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is a youth of 28 years of age who has no criminal past alleged against him and he has been falsely implicated in this case. Charge-sheet has been filed, therefore, further custodial interrogation of the applicant is not required. It is also submitted by the learned counsel for the applicant that prosecutrix in her statements recorded under Sections 161 and 164 of Cr.P.C. has not deposed that the applicant committed rape with her and she also stated that she herself went with him when her father was not present at home and other family members were sleeping. Even medical report also does not disclose about the rape and no internal and external injury has been found on the body of the prosecutrix. It is further submitted that trial is held up due to COVID-19 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. He is a permanent resident of District- Ashoknagar (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer 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 solvent surety of the like amount to the satisfaction of the trial 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 all 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 shall install Aarogya Setu App (if not already installed) in his mobile phone.

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 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.

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.

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.