Madhya Pradesh High Court
Durgesh Patel vs The State Of Madhya Pradesh on 28 October, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-23726-2021
The High Court Of Madhya Pradesh
MCRC No. 23726 of 2021
(DURGESH PATEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-10-2021
Shri Amit Dubey, learned counsel for the applicant.
Shri Harsh Gupta, learned panel lawyer for the respondent/State.
This is the third bail application under Section 439, Cr.P.C filed by the applicant for grant of bail.
Earlier applications of the applicant were considered and dismissed on merits vide order dated 22.10.2020, passed in M.Cr.C. No.36296/2020 and order dated 22.12.2020, passed in M.Cr.C. No.47007/2020.
The applicant is arrested on 13.08.2020 by Police of Station Station Aadegaon, District Seoni in connection with Crime No.298/2020 for the offence punishable under Sections 305 and 306 read with Section 34 of the Indian Penal Code and Section 18 of the Protection of Children From Sexual Offences Act, 2012.
The present application has been filed on the ground of custody of period of the applicant. It is argued that the applicant is in custody since 13.08.2020 and looking to the material available on record, no case for offence under Sections 305 and 306 read with Section 34 of IPC and Section 18 of POCSO Act is made out against the applicant. It is submitted that the applicant is ready to abide by all the terms and conditions as may be imposed by this Court while considering his application for grant of bail. It is submitted that the statements of the witnesses i.e. father and brother has been recorded before the trial Court which was filed along with the application for taking documents on record and they have not supported the prosecution story. There are no other material available on record to implicate the present applicant for commission of offence. The applicant has been implicated in the case owing to the fact that the applicant wanted to marry the deceased, who were at the relevant time minor for which he has sent the messages to her Signature Not Verified SAN father. Out of threat the deceased committed suicide by drowning. The Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.10.30 13:41:18 IST 2 MCRC-23726-2021 applicant is the first offender. Upon these grounds, counsel for the applicants prayed for grant of bail.
Per contra, learned counsel appearing for the State has opposed the application stating that earlier applications were considered and rejected on merits. It is further pointed out that the mobile phone has been recovered from the possession of the present applicant; wherein, the messages which were sent to the father of the deceased could be reflected, but he could not dispute the fact that the statements of the brother and father of the deceased were recorded before the Trial Court and they have not supported the case of the prosecution and was declared hostile.
Counsel appearing for the State could not dispute the aforesaid fact being matter of record. No other document could be pointed out by the State counsel to show that there was any instigation made by the present applicant or threatening being given by the applicant to the deceased, which has resulted to the deceased to take such a step of committing suicide.
Considering the over all facts and circumstances of the case as well as looking to this Covid-19 Pandemic Scenario and the period of custody and also the fact that the applicant is a first offender having no criminal history, this application is allowed. The applicant be released on bail subject to verification of the fact that the applicant is a first offender having no criminal history and on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc. to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.
Signature Not Verified SANThis order will remain operative subject to compliance of the following Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.10.30 13:41:18 IST 3 MCRC-23726-2021 conditions by the applicant :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4 . The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7 . If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;
8. The applicant will inform the concerned S.H.O. 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 as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in their mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant/s shall further submit the undertaking to the effect that they will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.10.30 13:41:18 IST 4 MCRC-23726-2021 hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before releasing the applicants, medical examination of applicants shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E-copy of this order be provided to the applicants and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.10.30 13:41:18 IST