Madhya Pradesh High Court
Rahul Gurjar vs The State Of Madhya Pradesh on 23 October, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 Cr.A.No.4405/2020
(Rahul Gurjar Vs. State of M.P.)
Indore : Dated 23.10.2020
Shri L.R.Bhatnagar, learned counsel for the appellant.
Shri Siddharth Jain and Shri Rohit Sharma, learned Panel
Lawyers for the respondent/State.
Shri Himanshu Thakur, learned counsel for the complainant. Heard through video conferencing.
This is the third criminal appeal under Section 14A(2) of Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act for seeking enlargement on bail. The first cri.appeal was withdrawn on 12.4.2019 and second cri.appeal was withdrawn on 26.7.2019. The appellant is in custody since 30.5.2017 in connection with Crime No.381/2016 registered at P.S., Bhanpura, District Mandsaur for the offence punishable under Section 363, 366, 368, 109, 376(2-N) and 506 of IPC and under Section 3(ii)(v) of SC, ST (Prevention of Atrocities) Act.
As per the prosecution case, the appellant had manipulated and abducted the prosecutrix when she was alleged to be minor aged 15 years. She was sexually abused. He stayed with her from 25.11.2016 to 30.5.2017 at different places. Accordingly, the case has been registered against the appellant.
Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated. He is no more required for custodial investigation. He has no criminal antecedents. Eleven witnesses have already been examined. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. He is the sole bread earner in the family and there is no one in the family to look after the ailing aged parents. Under such circumstances, the appellant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Per contra, Shri Siddharth Jain and Shri Rohit Sharma learned Panel Lawyers for the respondent/State opposes the bail application supporting the order impugned.
2 Cr.A.No.4405/2020(Rahul Gurjar Vs. State of M.P.) Shri Himanshu Thakur, learned counsel for the complainant opposes the bail application with submission that appellant has played with the ignorance and innocence of the complainant and was sexually exploited her when she was minor. Under such circumstances the appellant does not deserve to be enlarged on bail.
In compliance of Court order dated 11.9.2020 Shri Siddharth Jain has made a statement on 30.10.2020 that the prosecutrix is now married and blessed with baby girl.
At this stage, Shri Bhatnagar, learned counsel for the appellant, on instructions graciously and voluntarily submits that looking to the grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the appellant is prepared to deposit a sum of Rs.20,000/- (Rs.Twenty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Mandsaur (Account No.912910210000074 Bank of India IFSC code BKID0009129) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in orphanage in the city of Mandsaur in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-19. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of appellant on bail.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the appellant is in jail since 30.5.2017 with no criminal antecedents, not required for custodial interrogation and compassion he has expressed towards poor downtrodden people during Covid- 19 and the possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.
Consequently, the application of the appellant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby 3 Cr.A.No.4405/2020 (Rahul Gurjar Vs. State of M.P.) allowed. It is directed that the appellant be released on bail on furnishing personal bond in the sum of Rs.2,50,000/- (Rs.Two Lacs Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the appellant shall prepare a demand draft of an amount of Rs.20,000/- (Rs.Twenty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Mandsaur (Account No.912910210000074 Bank of India IFSC code BKID0009129) to be utilized for providing clothing, food and other essential amenities required for the orphans living in orphanage in the District, physically challenged persons and also to such persons who have lost their means of livelihood during the pandemic Covid-19 and the same shall have no bearing on merits of the trial but for enlargement of the appellant on bail and obtain a receipt.
(i)(a) the appellant shall submit the aforesaid original demand draft alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(i)(b) The Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(i)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification through Collector, Mandsaur. The said department is also directed to maintain a separate account (for production of the record as and when directed for).4 Cr.A.No.4405/2020
(Rahul Gurjar Vs. State of M.P.)
(iii) the appellant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case. The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.
(iv) the appellant shall furnish a written undertaking with his complete residential details that he will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(v) the appellant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;
(vi) the appellant shall co-operate during trial and will not seek unnecessary adjournments during trial;
(vii) the appellant shall not leave the area without previous permission of the trial Court/Investing Officer, as the case may be;
(viii) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;
(ix) the appellant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(x) violation of conditions, State is free to apply for cancellation of bail.
5 Cr.A.No.4405/2020(Rahul Gurjar Vs. State of M.P.) Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.
Certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2020.10.23 18:23:45 +05'30'