Madhya Pradesh High Court
Bhura Bheel vs The State Of Madhya Pradesh on 23 September, 2019
Author: Anand Pathak
Bench: Anand Pathak
1 M.Cr.C. No. 31956/2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 31956/2019
(Bhura Bheel Vs. State of M.P.)
Gwalior Bench:
Dated :23.09.2019
Shri Anshu Gupta, learned counsel for the applicant.
Shri Kamlesh Kori, learned Public Prosecutor for the
respondent/State.
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested on 25.08.2018 by Police Station Radhogarh, District Guna in connection with Crime No. 291/2018 registered in relation to the offence punishable under sections 363, 366, 376 of IPC and Section 5/6 of Protection of Children from Sexual Offences Act.
It is the submission of learned counsel for the applicant that false case has been registered against the applicant. Statement of prosecutrix and other family members of prosecutrix have been recorded in the trial Court, therefore, chance of tempering with the evidence is remote. The applicant is suffering confinement since 25.08.2018 which amounts to pre trial detention. He specifically undertakes that he and his family would not be source of embarrassment or harassment to the complainant party in any manner and would not move in the vicinity of prosecutrix. He undertakes to cooperate in the trial as well as in the investigation and would make himself available as and when required. Learned counsel further submits that the applicant intends to perform some community service Therefore, prayed for bail. 2 M.Cr.C. No. 31956/2019
Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
Considering the fact situation as well as submissions advanced and the facts and circumstances of the case, but without commenting on the merits of the case, this Court intends to allow the bail application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount, to the satisfaction of the Trial Court concerned. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and the applicant and his family members shall not move in the vicinity of prosecutrix, otherwise, facility of this bail shall be 3 M.Cr.C. No. 31956/2019 withdrawn immediately.
6.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. As per the undertaking of the counsel on behalf of the applicant for social/ community work, the applicant is directed to visit Community Health Centre, Radhogarh, Guna in Outdoor Patient Department (OPD) and serve the patients for one year on every Monday and Tuesday between 9 am to 1 pm so that he may learn the lesson to believe in peaceful co- existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District-Guna/ Hospital Superintendent, Radhogarh, Guna as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He will not be a source of infection or any embarrasment to any patient. He would not be allowed to move in the Wards and ICU etc. CMHO, Guna/ Hospital Superintendent, Radhogarh, Guna shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.
A copy of this order be sent to CMHO, Guna for information and ensuring compliance of this order. CMHO, Guna may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the 4 M.Cr.C. No. 31956/2019 applicant after completion of his stint with community service. The report may be submitted in November, 2020. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".
This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge neetu NEETU SHASHANK 2019.09.24 00:38:08
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