Madhya Pradesh High Court
Nitin Jatav vs The State Of Madhya Pradesh on 1 September, 2021
Equivalent citations: AIRONLINE 2021 MP 1857
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.42372.2021
THE HIGH COURT OF MADHYA PRADESH
Mcrc.42372.2021
(Nitin Jatav Vs. State of M.P.)
Gwalior dated : 01/09/2021
Shri Arun Pateriya, learned counsel for applicant.
Shri Ravindra Singh, learned Public Proecutor for respondent/State.
Learned counsel for rival parties are heard. Case diary is perused.
The applicant has filed this third repeat application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one on merits vide order dated 17/06/2021 passed in M.Cr.C.No.29337/2021 with liberty to come again after examination of prosecutrix or if the trial gets further delayed, whichever is earlier.
The applicant has been arrested on 29/04/2021 by Police Station- Panihar, District-Gwalior (M.P.), in connection with Crime No.61/2021 registered in relation to the offences punishable u/Ss.354, 354-D, 506 IPC and u/Ss.7,8 of POCSO Act.
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Allegation of sexual assault and outraging modesty is alleged against the applicant.
New ground raised by learned counsel for applicant is that prosecutrix and her parents have been examined and therefore, release of the applicant shall not be at the risk of influencing prosecution story.
In view of above and the fact that applicant is in custody since 29/04/2021 and the fact that early conclusion of the trial is a bleak possibility 2 Mcrc.42372.2021 and prolonged pretrial detention being an anathema to the concept of liberty and that the material placed on record does not disclose possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of nature of offence.
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 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 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 trial ;
3. The applicant will not indulge themselves 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 trials;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The concerned trial Court and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the applicant during period of bail as a consequence of this order.
8. The applicant shall mark his appearance before the concerned Police Station once in a fortnight till conclusion of trial.
9. If the applicant is found in close vicinity of the victim/complainant/witnesses where they reside, then the
3 Mcrc.42372.2021 complainant/prosecution will be free to seek cancellation of his bail.
The Superintendent of Police, Gwalior (M.P.) shall ensure proper protection to be given to the prosecution witnesses under the Witness Protection Scheme, 2018, formulated by the Supreme Court in the case of "Mahender Chawla & Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to the Superintendent of Police, Gwalior (M.P.) for compliance.
The Station House Officer of the concerned Police Station is directed as follows:
1. The Station House Officer shall inform the victim/complainant about the release of petitioner on bail and shall also supply a copy of this bail order to the victim/complainant.
2. In case of breach of any of the conditions of this order, the complainant shall be free to report the matter to the Station House Officer of the concerned Police Station.
3. On receipt of any such complaint from the complainant, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.
4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions"
before the appropriate Bench.
lacaf/kr iqfyl Fkkus ds Fkkuk izHkkjh dks fuEukuqlkj vknsf'kr fd;k tkrk gS fd% 1- Fkkuk izHkkjh ihfM+r@Qfj;knh dks ;kfpdkdRkkZ ds tekur ij fjgkbZ ds rF; dks lwfpr djsxk rFkk tekur vkns'k dh ,d izfrfyfi Hkh miyC/k djk;sxkA 2- ;fn fdlh izdkj dk dksbZ vkns'k esa mfYyf[kr 'krksZa dk mYya?ku gksrk gS rks Qfj;knh mDr rF; ds laca/k esa Fkkuk izHkkjh dks lwfpr djus ds fy, Lora= jgsxkA 3- ;fn fdlh izdkj dh ,slh f'kdk;r Fkkuk izHkkjh dks Qfj;knh }kjk izkIr gksrh gS rks og rqjar bldh lwpuk bl jftLVªh dks miyC/k djk,xkA 4- tSlk fd mfYyf[kr gS] Fkkuk izHkkjh dh ,slh lwpuk izkfIr ds nkSjku jftLVªh ;g ekeyk rqjar ekUkuh; U;k;ky; ds le{k fn'kk funsZ'k ds rgr izLrqr djsxhA The Registry of this Court is directed to send a copy of this order to the Magistrate of the concerned district as well as to the concerned Station House Officer for information and compliance.
10. Applicant shall plant 10 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of applicant or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at her 4 Mcrc.42372.2021 own expenses. In case the applicant is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. Applicant shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.
On complying with condition No.10 aforesaid, the applicant is directed to inform the location of plantation made to the Forest Range Officer of the area concerned who will pass on this information to the DFO concerned.
For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the applicant resides is directed to assist the applicant/accused to comply with condition No.10 by extending all possible financial and material assistance to the applicant admissible under any of the beneficial scheme for afforestation of the State.
The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Dept duly authorised in that behalf disclosing as to whether applicant has complied with condition No.10 or not, and if yes to what extent?
The learned trial Judge on receiving report of non-compliance of condition No.10 shall forthwith communicate the same to the Registry of this Court.
The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.
A copy of this order be sent to the trial Court concerned for compliance.
5 Mcrc.42372.2021 Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.
A copy of this order be furnished by the Registry of this Court to the concerned trial Court and the DFO having territorial jurisdiction over the place of residence of the applicant for execution of the order in the interest of the ecology.
For the time being this case stands disposed of. C.c as per rules.
(Sheel Nagu) Judge (suneel) SUNEE Digitally signed by SUNEEL DUBEY L DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc66a5 e160f585aa7a92425f380d476b32818, cn=SUNEEL DUBEY DUBEY Date: 2021.09.02 11:52:54 -07'00'