Madhya Pradesh High Court
Deepak Ahirwar vs The State Of Madhya Pradesh on 13 May, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.23760.2021.
(Deepak Ahirwar Vs. State of M.P. )
GWALIOR; dated 13.05.2021.
Shri Anshu Gupta, learned counsel, for the applicant.
Shri N.S.Tomar, learned PL for the respondent /State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant is arrested on 18.2.2021 by Police Station Kurwai district Vidisha, in connection with Crime No.240 of 2019 registered in relation to the offence punishable u/S 363, 366, 344, 376(2) (N) of IPC and 5/6 of POCSO Act.
It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Allegation against the applicant is of enticing the complainant, abducting her and committing sexual intercourse with her. It is submitted that in her statement recorded under Section 161 of Cr.P.C, the prosecutrix has clearly deposed that he had entered into marriage with the applicant and she is having a girl child of seven 2 THE HIGH COURT OF MADHYA PRADESH MCRC.23760.2021.
(Deepak Ahirwar Vs. State of M.P. ) months out of the wedlock. Investigation in the matter is complete and the charge sheet has already been filed on 9.5.2021, therefore, there is no further requirement of custodial interrogation of the applicant. He is ready to abide with all the conditions as may be imposed by this court. Therefore, looking to this Covid 19 Pandemic scenario, at least the applicant may be released on temporary bail for 90 days, treating this application to be the application for interim bail.
Per contra, learned counsel appearing for the State has opposed the application and prayed for rejection of the same.
Considering the over all facts and circumstances of the case as well as looking to this Covid 19 Pandemic Scenario and also the dictum laid down by Hon'ble Supreme Court in suo motu jurisdiction in Case No.1 of 2020 on 7.5.2021, this application is allowed. The applicant be released on interim bail for 90 days only from the date of his release on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court. He will surrender immediately on completion of the period of 90 days before the trial court and trial court is directed to send intimation to this effect to Registry of this court for perusal.
The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc 3 THE HIGH COURT OF MADHYA PRADESH MCRC.23760.2021.
(Deepak Ahirwar Vs. State of M.P. ) to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.
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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
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 concerned S.H.O. 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 as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant shall further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.
In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is 4 THE HIGH COURT OF MADHYA PRADESH MCRC.23760.2021.
(Deepak Ahirwar Vs. State of M.P. ) having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra)
RAM KUMAR
Vacation Judge
SHARMA
Rks. 2021.05.13
18:02:10
+05'30'