Madhya Pradesh High Court
Hinglaaj @ Kanha Gir vs State Of Madhya Pradesh on 3 July, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.20535/2020
(Hinglaj @ Kanha Gir Vs. State of M.P.)
Gwalior Bench:
Dated -03.07.2020
Shri Anshu Gupta, learned counsel for the applicant.
Shri Ranjit Khanwilkar, learned PL for the
respondent/State.
Matter is heard through Video Conferencing.
The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30.09.2019 by Police Station Sehrai, District Ashoknagar in connection with Crime No.100/2019, registered for offence under Sections 366, 376(d) 370(1), 506, 34 of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 30.09.2019. It is further submitted that name of applicant does not figure in FIR and statement under Section 161 of Cr.P.C.. Only for the first time, his name figured in statement under Section 164 of Cr.P.C. and that to allegation of rape is not attributable over him. Counsel seeks parity vis-a-vis order of co- accused namely Govind Giri dated 23.06.2020 passed in MCRC No.15090/2020. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant. He would not HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.20535/2020 (Hinglaj @ Kanha Gir Vs. State of M.P.) move in the vicinity of complainant party in any manner. He undertakes to serve the national cause by making contribution in PM CARES FUND and further undertakes to install Arogya Setu App. On these grounds, prayer for bail has been made.
Learned PL for the State opposed the prayer and prayed for dismissal of this application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts of the case in detail, however, considering the fact that in view of COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court. He further undertakes to install Arogya Setu App., if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.20535/2020 (Hinglaj @ Kanha Gir Vs. State of M.P.) found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he 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 Govt./State Govt. 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 Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
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/her from disclosing such facts to the Court or to the Police Officer, HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.20535/2020 (Hinglaj @ Kanha Gir Vs. State of M.P.) 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.
7. The applicant will inform the SHO 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 for information.
8. Applicant shall deposit Rs.1000/- within a month in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code :
SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch from the date of release of applicant.
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.
(Anand Pathak) Judge Rashid Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, RASHID KHAN postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3 985b5e9940ed42, serialNumber=111cc474a72b078dc9a89f3cb13bb668fd8e0e91beda 3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2020.07.06 11:26:54 +05'30'