Shiva vs State Of Mp

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 First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 17/07/2020 by Police Station Chanderi, District Ashoknagar (M.P.), in connection with Crime No. 406/2020 registered in relation to the offence punishable under sections 363, 365, 354, 354-A, 34 of the IPC and Section 7/ 8 of POCSO Act.

Allegation against the applicant, in short, is that the applicant along with co-accused took the prosecutrix along with them and tried to outrage her modesty. On the basis of aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that the applicant aged 18 years has been falsely implicated in the present case. It is also submitted that investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may not be necessary. The case of the prosecution is that the co-accused Kallu and Aman forcefully took the prosecutrix along with them on the motorcycle near the hill, where the present applicant came. No specific act has been assigned to the applicant. The applicant is in jail since 17/07/2020 and early conclusion of the trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. 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 permanent resident of District Ashoknagar (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.

Learned State counsel 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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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 local solvent surety in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a written undertaking that he will abide by 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 :-

He will cooperate in the investigation/trial, as the case may be;

He 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference to this Court.

Learned State counsel 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.