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Judgment
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 9-04-2019, in connection with Crime No.251/2019, registered at Police Station, Vidisha Dehat, District Vidisha for the offence punishable under Sections 363, 366A, 376(2)(i) of IPC and Sections ¾ of the Protection of Children from Sexual Offences Act. First application (M.Cr.C.No.38692/2019) was dismissed as withdrawn vide order dated 18.9.2019.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 9-04-2019. Statement of the prosecutrix indicates consensual nature of relationship. Apparently she left her matrimonial home at her own volition and lived for some days with the applicant. As per ossification test, prosecutrix is between 16-18 years of age. No external or internal injuries have been sustained by the prosecutrix. Statement of the prosecutrix and other prosecution witnesses already held. He undertakes that he would not be a source of embarrassment/harassment to the complainant party in any manner. He undertakes to perform community service. He further undertakes to cooperate in trial and to appear before the trial court as and when required. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application on the basis of case diary.
Learned counsel for the complainant also opposed the prayer and prayed for dismissal of bail application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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 from disclosing such facts to the Court or to the Police Officer, as the case may be.
The applicant will 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 Center, Tyonda District Vidisha in Outdoor Patient Department (OPD) and serve the patients on every Monday and Tuesday between 09:00 am to 1 pm from this month of November till conclusion of trial 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), Vidisha/Hospital Superintendent, Community Health Center, Tyonda District Vidisha 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, Vidisha/Hospital Superintendent, Community Health Center, Tyonda District Vidisha 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.
A copy of this order be sent to CMHO, Vidisha/Hospital Superintendent, Community Health Center, Tyonda District Vidisha for information and ensuring compliance of this order. CMHO, Vidisha/ Hospital Superintendent, Community Health Center, Tyonda District Vidisha may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO/Hospital Superintendent as the case may be may submit a report about the work done by the applicant after completion of his stint with community service in every two months. The report may be submitted in February, 2020. On the other hand, applicant shall also have to submit a report in every month 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 engrained attributes of human existence.
Copy of this order be sent to the District Judge, Vidisha, CMHO, Vidisha/Hospital Superintendent, Community Health Center, Tyonda District Vidisha and the concerned trial Court for information and necessary compliance.
Certified copy as per rules.