Madhya Pradesh High Court
Balli@Raghuveer vs State Of Madhya Pradesh on 6 October, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.35229/2020
(Balli alias Raghuvir Vs. State of M.P.)
Gwalior Bench:Dated -06/10/2020
Shri Vipin Babu Sharma, learned counsel for the applicant.
Shri Vivek Sharma, learned PL for the respondent/State.
Matter is heard through Video Conferencing.
The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30-01- 2020 by Police Station Shamshabad, District Vidisha in connection with Crime No.38/2020 registered for offence punishable under Sections 377, 511, 506 of IPC and Sections 7/8 of the POCSO Act. His earlier bail applications were dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 30-01-2020. It is further submitted that father of applicant has suffered paralysis and he is unable to look after the family of the applicant. Further looking to the period of custody as well as challenging period of COVID -19 pandemic, his case be considered for temporary bail at least so that he can arrange basic amenities to his family because in his absence, family is facing financial distress. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.35229/2020 (Balli alias Raghuvir Vs. State of M.P.) to the complainant party, in any manner and would surrender as and when directed by this Court. He does not bear any criminal record except this case, therefore, a chance be given to him for making course correction for himself. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Counsel for the State opposed the prayer and prayed for rejection of prayer of temporary bail.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on temporary bail.
As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.35229/2020 (Balli alias Raghuvir Vs. State of M.P.) temporary bail for almost one month (till 10-11-2020), on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then he be released and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. After release, the applicant shall strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions of the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and Police Authorities shall immediately take him in custody and would sent him 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 HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.35229/2020 (Balli alias Raghuvir Vs. State of M.P.) 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
6. Applicant shall not move in the vicinity of the complainant and would always cooperate in trial. He would not tamper the evidence and witnesses of the case. He shall not move outside the District Vidisha. His movement shall be confined amongst his family members only. Otherwise, this benefit of temporary bail shall be withdrawn.
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.35229/2020 (Balli alias Raghuvir Vs. State of M.P.) be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
8. Applicant shall surrender on or before 10-11-2020 before the trial Court.
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. Application stands disposed of.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURA st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b680
2d068b51dae27e84c266b09d28
SIYA
3f0799e67cdc7df50f, cn=ANIL
KUMAR CHAURASIYA
Date: 2020.10.07 09:17:10 -07'00'