Madhya Pradesh High Court
Durgesh Shrivas vs The State Of Madhya Pradesh on 13 October, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01
HIGH COURT OF MADHYA PRADESH
M.Cr.C.39380/2020
(Durgesh Shrivas vs. State of M.P. )
Gwalior, Dated: 13.10.2020
Shri V.K.Saxena, learned senior counsel with Shri Ayush
Saxena, learned counsel for the applicant.
Shri Ashutosh Pandey, learned Panel Lawyer for
respondent/State.
Matter is heard through Video Conferencing. This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 26.09.2020 by Police Station City Kotwali, District Morena (M.P.) in connection with Crime No. 1090/2020 registered for offence punishable under sections, 312, 511 of IPC amd section 3(4)(5) of Medical Termination of Pregnancy Act.
It is submitted by learned counsel for the applicant- Durgesh Shrivas that the present applicant is in custody since 26.09.2020. He has not committed any offence, he has falsely been implicated in the offence. It is further submitted that the alleged offences are bailable and non-cognizable offence wherein the applicant is wrongly arrested and confined. The investigation and trial will take its own time. As there is no any evidence against the present applicant, who is a Teacher, hence, prayed for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well 02 as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Per contra, State Counsel has vehemently opposed the bail application and has submitted that this is a case of illegal termination of pregnancy of a girl child. A person who is involved in such type of offence could be released on bail, otherwise it would affect adversely the social structure. Hence, prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the available case-diary.
The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed 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 03 (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."
In view of the aforesaid and considering the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his/her furnishing personal Rs.75,000/-(Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates fixed by the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his/her house, and if his/her test is found positive then the applicant shall be immediately sent to concerning hospital for 04 his/her treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she 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 Government/State Government 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 Government/State Government or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.
This order will remain operative subject to compliance of the following conditions by the applicant/s :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge himself/herself/themselves 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/s shall not commit an offence similar to the offence of which he/she is accused;in case of repetition of same nature of offence, the bail granted to the applicant shall stand automatically cancelled.05
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.
8. Applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight (every 15 days) till conclusion of the trial. The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a year.
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.
(Rajeev Kumar Shrivastava) Judge vv SMT VALSALA VASUDEVAN 2020.10.14 19:13:28 +05'30'