Madhya Pradesh High Court
Chakki @ Shyamsunder vs The State Of Madhya Pradesh on 14 October, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.35604//2020
(Chakki @ Shaymsunder Vs The State of M.P. & another)
(1)
Gwalior, dated :14/10/2020
Shri Awdhesh Singh, Bhadoriya learned counsel for the
applicant.
Shri Rohit Mishra, learned Additional Advocate General for
the respondent-State.
Shri Sankalp Sharma, learned counsel for the complainant. 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.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 31/07/2020 passed in M.Cr.C. No. 22595/2020.
The applicant has been arrested on 03/07/2020 by Police Station Chinore District Gwalior (M.P.), in connection with Crime No. 60/2020 registered in relation to the offence punishable under sections 363, 376, 506, 34 and 342 of the IPC and Section 3/4 of the POSCO Act.
Allegation against the applicant in short is that applicant enticed the daughter of the complainant who is aged about 16 and half years and took away her alongwith other co-accused persons and committed rape. On the aforesaid basis, crime has been HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35604//2020 (Chakki @ Shaymsunder Vs The State of M.P. & another) (2) registered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 03/07/2020. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. The name of the applicant does not find place in the MLC report and no opinion about rape has been given. Prosecutrix, in her statement recorded under Section 164 of the Cr.P.C, does not level any allegation of rape on the applicant but only says that applicant asked her to go with Mahesh otherwise he would make her picture viral. Moreover, there is also no allegation of abetment on the present applicant nor he took the prosecutrix alongwith him. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of Village and Police Station Chinore, District Gwalior (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.
Learned Additional Advocate General and counsel for the complainant opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35604//2020 (Chakki @ Shaymsunder Vs The State of M.P. & another) (3) available on record, no case for grant of bail is made out. It is also submitted that according to 10th class mark sheet, prosecutrix is minor and even though there is no allegation of rape on the present applicant but it is sufficient to entice and instigate a minor ( prosecutrix) to commit the crime. On such grounds, they pray for rejection of bail.
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 be released on bail on furnishing a personal bond in the sum of Rs 50,000 (Rs. Fifty Thousand only) with a solvent 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. 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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.35604//2020 (Chakki @ Shaymsunder Vs The State of M.P. & another) (4) 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 shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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;
5. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
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 Additional Advocate General 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.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.10.15 10:56:40 +05'30'