Madhya Pradesh High Court
Deepak Verma vs The State Of Madhya Pradesh on 16 September, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.34262/2020
(Deepak Verma Vs. State of M.P.)
Gwalior Bench:Dated -16.09.2020
Shri Sameer Kumar Shrivastav, learned counsel for the
applicant.
Shri Anand Singh Sikarwar, learned PL for the
respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 25.08.2020, by Police Station-Hazeera (Mahalgarha), District Gwalior, in connection with Crime No.265/2020, registered for offence under Sections 376 of IPC readwith Section 3/4 of POCSO Act.
It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 25.08.2020 on false pretext. It is further submitted that applicant and prosecutrix shared emotional and physical intimacy for some years and as per allegations and false pretext of marriage, their intimacy continued, but now soured relationship is the reason of filing this complaint. Counsel for the applicant relied upon the judgement of Hon'ble Apex Court in the case of Dr.Dhruvaram Murlidhar Sonar Vs. State HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.34262/2020 of Maharashtra, AIR 2019 SC 327 and in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra, AIR 2019 SC 4010. Confinement amounts to pretrial detention. He undertakes to cooperate in trial as well as investigation and would available as and when required. He would not be a source of embarrassment or harassment to the complainant. He would not move in the vicinity of complainant party. He further undertakes to install Arogya Setu App. Under these grounds, prayer for bail has been made.
Learned PL for the State opposed the prayer and prayed for its dismissal.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions of the learned counsel for the parties and in view of COVID-19 pandemic situation, without commenting on the merits of the case, applicant is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court.
In view of COVID-19 pandemic, the jail authorities are HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.34262/2020 directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for him treatment as per medical norms. If the applicant is fit for release and if he is in a position to make him personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take her in custody and would sent her to the same jail from where he was released.
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;
HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.34262/2020
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
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/Investigating Officer, as the case may be.
7. The applicant will inform the SHO 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 for information.
8. Applicant would not be a source of embarrassment or harassment to the complainant in any manner and he would not move in the vicinity of complainant party. Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge Rashid RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed KHAN 1954237f6324416af3985b5e9940ed42, serialNumber=111cc474a72b078dc9a89f3cb13b b668fd8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2020.09.18 11:27:07 +05'30'