Madhya Pradesh High Court
Raju Narwariya vs The State Of Madhya Pradesh on 29 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. )
GWALIOR; dated 29.08.2020.
Shri Virendra Pal, learned counsel, for the applicant.
Shri Rohit Shirvastava, learned PL, for the respondent /State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
This is second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 24.5.2020 by Police Station Hazira district Gwalior, in connection with Crime No.157 of 2020 registered in relation to the offence punishable u/S.376 and 506 of IPC.
It is submitted by counsel for the applicant that earlier application of applicant being M.Cr.C.No.22534 of 2020 was disposed of with liberty to repeat the same after completion of investigation and filing of charge sheet on 23.7.2020. It is submitted that the investigation is complete and the charge sheet has been filed on 19.8.2020. The applicant is in custody since 24.5.2020. It is argued that a complaint was made against the present applicant with respect to the offence committed in the year 2017. It is alleged that the applicant has taken the 2 THE HIGH COURT OF MADHYA PRADESH MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. ) photographs of the complainant and thereafter, giving threatening regarding making viral of those photographs, he used to commit rape with her. Subsequently, when these photographs were made viral, complainant had told entire story to her husband and thereafter, the report was lodged. It is argued that initially, the matter was also compromised between the family members of either parties but thereafter when the photographs were made viral, offence under Section 376 of IPC has been registered. It is further argued that no offence under Section Information and Technology Act or Cyber crime has been registered against the applicant. Police authorities have completed the investigation and filed the charge sheet in the matter. It appears to be a case of consent as complainant is a major married lady and as soon as the factum of her relationship with present applicant came to the knowledge of her husband, the FIR was lodged against the present applicant. Applicant is a first offender having no criminal history. The applicant is ready to abide with all the conditions which may be imposed by this court while considering this application for bail. The applicant has shown his willingness to contribute an amount of Rs.10,000/- towards the PM Cares Fund during this Covid 19 scenario.
Per contra, counsel for the State has opposed the bail application stating that there are specific allegation against the applicant of committing rape in the statement recorded under Section 161 and 164 of Cr.P.C by the proseuctrix. But he fairly submits that the factum of the 3 THE HIGH COURT OF MADHYA PRADESH MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. ) matter being compromised and filing of the chargesheet is not disputed by him. The fact of the applicant being first offender is also not disputed by him.
The Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has issued directions to 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 over all facts and circumstances of the case and the facts that the offence is said to have taken place in the year 2017 of which report has been lodged first time in the year 2020 without there being any proper explanation for delay coupled with the fact that initially the matter was already compromised as per statement of the 4 THE HIGH COURT OF MADHYA PRADESH MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. ) prosecutrix herself and the fact that the applicant is a first offender, investigation is complete and the charge sheet has been filed in the matter, as well as looking to this Covid 19 Pandemic Scenario, this application is allowed. The applicant is directed to be released on bail on furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court. The applicant shall deposit Rs.10,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release.
The applicant shall submit written undertaking that he 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 :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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;
4. The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall 5 THE HIGH COURT OF MADHYA PRADESH MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. ) automatically cancelled.
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/Investigating Officer, as the case may be. and
7. 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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. Applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Applicant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.
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 6 THE HIGH COURT OF MADHYA PRADESH MCRC.30652.2020.
(Raju Narveria Vs. State of M.P. ) clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.08.29 18:20:56 +05'30'