Madhya Pradesh High Court
Kalla vs The State Of M.P. on 23 July, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.20716/2020
( Kalla Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 23.07.2020
Shri Deepak Shrivastava, Advocate for the applicant.
Shri Arjun Parihar, Panel Lawyer for the respondent
No.1/State.
None for the respondent No.2.
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.
At the outset, learned Panel Lawyer apprised this Court that respondent no.2/complainant has been informed with regard to pendency of this case.
Heard learned counsel for the parties.
Case diary perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested on 26.12.2019 by Police Station Isagarh, District Ashoknagar in connection with Crime No.248/2019 registered in relation to the offence punishable under Sections 363, 366-A, 376(2)(n) of IPC and Section 5 (l)/6 of POCSO Act.
The prosecution story in short is that on 22.08.2019, the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.20716/2020 ( Kalla Vs. The State of Madhya Pradesh ) (2) complainant lodged missing person report in respect of his daughter (prosecutrix) aged about 17 years to the effect that she had gone to answer the nature's call but did not return. The girl, who accompanied the prosecutrix, informed the complainant that she has been taken away by the person who came on white coloured vehicle. It is also alleged that the applicant took the prosecutrix alongwith him on the pretext of marriage and committed rape from the date of incident till 22.10.2019. On the basis of aforesaid, the crime has been registered against the present applicant.
Learned counsel for the applicant submits that he has been falsely implicated in the case. He is in custody since 26.12.2019. Charge-sheet has been filed. No further custodial interrogation is required in the matter. According to the statements of the prosecutrix and the mother recorded before the trial court, both of them turned hostile and did not support the prosecution story. Both the witnesses have deposed that the girl is aged about 19 years. In such circumstances, offence under POCSO Act is not made out. It is a case of consent. Counsel for the applicant submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. It is also submitted that due to COVID- 19, the trial is held up. The material witnesses have turned hostile. Applicant is a permanent resident of District Guna and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.20716/2020 ( Kalla Vs. The State of Madhya Pradesh ) (3) be imposed. With the aforesaid submissions, prayer for grant of bail is made.
Learned Panel Lawyer for the State opposed the application contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and on such grounds prays for rejection of the application At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.5,000/- (Rupees Five Thousand) 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 applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely - Kalla be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.20716/2020 ( Kalla Vs. The State of Madhya Pradesh ) (4) It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.5,000/- (Rupees Five Thousand) with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund) and obtaining receipt. The applicant shall submit an attested photocopy of such receipt before the Principal Registrar of this Bench for placing the same on record as well as before the concerned court.
The applicant shall also furnish a written undertaking before the concerned court that he will 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.
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.20716/2020 ( Kalla Vs. The State of Madhya Pradesh ) (5) pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant shall install Arogya Setu App (if not already installed) in his mobile phone;
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer 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 SP SANJEEV KUMAR PHANSE 2020.07.23 17:20:10 +05'30'