Sonu Alias Sohan Singh Dhakad vs State Of M.P.

Heard on I.A.No.17032/2020, an application under Section 301 (2) of Cr.P.C.

For the reasons mentioned in the application, I.A.No.17032/2020 is allowed and counsel for the complainant and his associates are permitted to assist the learned Panel Lawyer in the matter.

Heard the learned counsel for the parties.

The applicant has filed this second application under section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Utila, District Gwalior in connection with Crime No.45/2020 registered in relation to the offence punishable under Sections 363, 376, 376 (D), 354/34 of IPC and section 3/4 of Protection of Children from Sexual Offences Act, 2012. First application was rejected vide order dated 21.8.2020 passed in M.Cr.C.No.28808/2020.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. As per the statement of the prosecutrix recorded under section 161 as well as under section 164 of Cr.P.C. there is no allegation against the present applicant of commission of offence or committing offence under section 354 of IPC. The only allegation against the present applicant is that he used to supply food articles to the other co-accused against whom the allegation of rape as well as allegation under section 354 of IPC is being alleged. It is argued that investigation is over in the matter and supplementary charge-sheet has been filed on 9.9.2020. Applicant is a first offender and there is no other criminal history. There is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.10,000/- in the account of High Court Bar Association, Gwalior for helping the lawyers during this COVID-19 scenario.

Per contra, counsel for the State as well as counsel for the complainant have opposed the bail application stating that the applicant is actively participated in commission of offence and there is allegation of supplying food articles to the other co-accused. This clearly goes to show that he was involved in commission of the offence, but he fairly submits that there is no allegation of committing offence under section 363, 376, 354 of IPC against the present applicant. Applicant being the first offender has also not disputed by the counsel for the State. Filing of supplementary charge-sheet is also not disputed. They pray for dismissal of the bail application.

The Hon'ble Supreme Court by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :-

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal

Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as,

(ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the overall facts and circumstances of the case and without commenting upon the merits of the case, this Court deems it appropriate to allow this application. The application is allowed.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 shall 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.

The applicant shall deposit Rs.10,000/- in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.