Madhya Pradesh High Court
Prem Singh vs The State Of M.P. on 2 July, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
THE HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-15635-2020
(Prem Singh & Anr. Vs. State of M.P.)
Gwalior, Dated : 02/07/2020
Shri Bhagwan Raj Pandey, learned counsel for the applicants.
Shri Ravindra Singh, learned Deputy Advocate General for the
respondent/State.
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 applicants have filed this second application under Section 439 of the Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 14/02/2020 passed in MCRC No.5255/2020.
The applicants have been arrested by Police Station- Pathari, District- Vidisha in connection with Crime No.181/2019 registered in relation to the offence punishable under Sections 307 read with 34 of the IPC.
Allegations against the applicants, in short, are that the some altercation took place between the complainant and the applicants regarding worship. On that, the applicant No.2 caught hold the hands 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-15635-2020 (Prem Singh & Anr. Vs. State of M.P.) of the complainant and the applicant No.1 poured kerosene on the complainant and set her on fire, due to which, the complainant received burn injuries on both the hands and legs and private part also. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicants submits that applicants No.1 and 2 are aged about 55 and 52 years respectively and they have been falsely implicated in the case. Charge-sheet has been filed and no further custodial interrogation is required in the matter. It is also submitted by the learned counsel for the applicants that the complainant as well as PW-2 have turned hostile and not supported the prosecution version. The applicants are in custody since 22/12/2019 and they are the permanent resident of District- Vidisha. There is no possibility of their absconding or tampering with the prosecution evidence. The applicants are 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 Dy. Advocate General for the State 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.
At this stage, learned counsel for the applicants volunteered to deposit an amount of Rs.5,000/- (Rupees Five Thousand Only) each 3 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-15635-2020 (Prem Singh & Anr. Vs. State of M.P.) with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).
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 applicants.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court. The applicants shall also furnish a written undertaking before the concerned Court that they shall 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.
It is made clear that benefit of bail shall be extended to the 4 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-15635-2020 (Prem Singh & Anr. Vs. State of M.P.) applicants only on depositing an amount of Rs.5,000/- (Rupees Five Thousand Only) each with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund) and obtaining receipt. The applicants shall submit an attested photocopy of such receipt before the concerned Court for placing the same on record.
This order will remain operative subject to compliance of the following conditions by the applicants:-
1. The applicants shall install Aarogya Setu App (if not already installed) in their mobile phones.
2. The applicants will comply with all the terms and conditions of the bond executed by them;
3. The applicants will cooperate in the investigation/trial, as the case may be;
4. The applicants will not indulge themselves 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;
5. The applicants will not seek unnecessary adjournments during the trial; and 5 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-15635-2020 (Prem Singh & Anr. Vs. State of M.P.)
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicants 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 Dy. Advocate General 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.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2020.07.02 17:29:44 +05'30'