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Madhya Pradesh High Court

Dr. Avtar Singh Yadav vs The State Of Madhya Pradesh on 13 September, 2021

Author: Rajendra Kumar Srivastava

Bench: Rajendra Kumar Srivastava

                                                                          1                            MCRC-43667-2021
                                                The High Court Of Madhya Pradesh
                                                          MCRC-43667-2021
                                                (DR. AVTAR SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                        Jabalpur, Dated : 13-09-2021
                                              Heard through Video Conferencing.
                                               Shri Manish Datt, Senior Advocate with Shri Pawan Gujar, , learned
                                        counsel for the applicant.
                                               Shri Ashish Patel, learned Panel Lawyer for the respondent-State.

Shri Devendra Shukla, Advocate for the complainant. This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 25.8.2021, in connection with Crime No.539/2021, registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Sections 354 of IPC and Sections 7/8 & 9/10 of POCSO Act.

A s per prosecution story, on 14.8.2021, prosecutrix, aged 16 years, lodged the report against the accused/applicant. It is alleged by her that she had gone to the hospital for medical treatment. Accused/applicant is a doctor and he examined the prosecutrix. Accused/applicant moved his hand over the body of prosecutrix, pressed her breast, caught hold her hand and put off her cloths.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case due to professional rivalry. Accused/applicant has no previous criminal antecedent, so there is no probability to repeat the offence. Accused/applicant examined the prosecutrix bonafidely. Accused/applicant did not commit any offence. Accused/applicant is a Govt. Medical Officer. He examined the prosecutrix at hospital in presence of Compounder of the hospital and one Vikrant Yadav. So many persons were also present over there. Accused/applicant is in custody since 25.8.2021. Accused/applicant is working as Ayush doctor and has been posted on the post for the last seven years. He is a handicapped and suffering from amputation of his left leg. Charge sheet has b een filed. Applicant is bread earner of his family and if he will kept in custody for an unlimited period, then future of his family would be spoiled. It is the time of COVID-19, so conclusion of trial will take time. There is no possibility of his absconding or tampering with the prosecution evidence. Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State submits that Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.14 10:26:44 IST 2 MCRC-43667-2021 accused/applicant committed heinous offence with prosecutrix, so he is not entitled for bail.

Learned counsel for the complainant submits that accused/ applicant is pressurising for compromise, so he is not entitled for bail.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact accused/applicant is a Govt. doctor, he examined the prosecutrix at hospital, the applicant is in jail since 25.8.2021, there is no criminal antecedent against the present applicant, so there is no probability to repeat the offence, charge sheet has been filed, applicant is bread earner of his family, it is the time of COVID-19, so conclusion of trial will take time, there is no probability of his absconding or tampering with the pros ec ution evidence, it would not be appropriate to keep the accused/applicant in jail during whole trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Dr. Avtar Singh Yadav be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lac) with two solvent sureties of Rs.50,000/- (Rupees Fifty Thousand) each, to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.14 10:26:44 IST 3 MCRC-43667-2021 suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.