Madhya Pradesh High Court
Sachin Koli vs The State Of Madhya Pradesh on 31 January, 2020
Author: Anand Pathak
Bench: Anand Pathak
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.2685/2020
(Sachin Koli Vs. State of M.P.)
Gwalior, dated : 31.01.2020
Shri D.S. Tomar, learned counsel for the applicant.
Shri Arjun Parihar, learned PL 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 and is in custody since 16.10.2019, in connection with Crime No.343/2019, registered at Police Station Chanderi, District Ashoknagar (MP), for the offence punishable under Sections 376, 366, 323, 506, 34 of IPC. His first bail application was dismissed as withdrawn by this court vide order dated 13.11.2019 passed in MCRC No.45780/2019.
It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 16.10.2019 whereas charge-sheet has already been filed. It is further submitted that source of implication of applicant is video/mobile clipping in which he has allegedly been seen in compromising position with the prosecutrix. Neither video has been seized nor Test Identification Parade has been conducted to bring home the evidence about the involvement of the applicant. In absence of any such document, it is apparently clear that false case has been registered against him. Confinement amounts to 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2685/2020 (Sachin Koli Vs. State of M.P.) pretrial detention. He undertakes to cooperate in the investigation/trial and make himself available as and when required. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He would not move in the vicinity of complainant. He further undertakes to do some community service to purge his misdeeds by way of blood donation. Under these grounds, he prayed for grant of bail to the applicant.
Learned PL for the State opposed the prayer made by the applicant and prayed for dismissal of this application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but 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/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions:-
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2685/2020 (Sachin Koli Vs. State of M.P.)
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 an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
As per the submission of counsel for the applicant on the basis of instruction so received, if applicant at all intents to donate blood then he is at liberty to do so at J.A. Hospital, Blood Bank under scheme of ^^jDrnku egknku lfefr^^ as per his convenience or at District Hospital/Blood Bank Ashoknagar. It 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.2685/2020 (Sachin Koli Vs. State of M.P.) is made clear that it is purely optional and concerned Doctor/Para Medical Staff shall ensure the Health and General Well Being of the applicant and do all necessary prerequisite tests of applicant before taking blood.
The applicant's efforts regarding blood donation are appreciated because of his realization of the rising need for blood availability in India where accidents and traumatic cases are rampant. This effort of applicant would give an impetus to blood donation campaign.
It is made clear that this is a voluntary act of applicant which is reflected through duly submitted application and affidavit of brother of applicant.
A copy of this order be sent to the trial Court concerned for information and compliance.
Certified copy as per rules.
(Anand Pathak) Judge Rashid RASHID KHAN 2020.02.01 12:23:55 +05'30'