Madhya Pradesh High Court
Amrat Gir vs The State Of Madhya Pradesh on 5 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.24730/2020
(Amrat Gir Vs. State of M.P. )
Gwalior Bench: Dated 05/08/2020
Shri Satanand Chaubey, learned counsel for the applicant.
Shri Manish Nayak, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16/7/2019 by Police Station - Sehrai, District Ashoknagar in connection with Crime No. 100/2019 registered for the offences punishable 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 the applicant and he is suffering confinement since 16/7/2019 on false pretext; whereas, charge-sheet has already been filed. It is further submitted that early conclusion of trial is a bleak possibility. Although in TIP, prosecutrix identified the present applicant but she did not identify that who committed rape with her. Medical report nowhere indicates any application of force over the prosecutrix internally or externally. Looking to the long period of custody and contradiction crept in statement of prosecutrix recorded under Sections 161 and 164 of Cr.P.C. he be released on bail. Applicant undertakes to cooperate in investigation/trial. He further undertakes not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity. He further undertakes HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.24730/2020 (Amrat Gir Vs. State of M.P. ) to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID- 19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Further looking to the situation of pandemic, he intends to perform community service by serving the Nation by contributing his part by installing Arogya Setu App, contributing in Army Central Welfare Fund and planting saplings in case application is allowed.
Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through VC, perused the case diary and considered the arguments advanced by them.
After considering the rival submissions, looking to the period of custody and the fact that early conclusion of trial is a bleak possibility as well as peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail.
Considering the facts situation of the case and submission of learned counsel for the parties, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.24730/2020 (Amrat Gir Vs. State of M.P. ) bail, on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of trial Court and that he will have 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 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 her in custody and would sent him to the same jail from where he was HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.24730/2020 (Amrat Gir Vs. State of M.P. ) released.
This order will remain operative subject to compliance of the following conditions by the applicants :-
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 them 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 be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity and will not seek unnecessary adjournments during the trial;
6. The applicant shall deposit deposit Rs. 1,000/- in favour of Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi within one month from the date of his release.
7. The applicant will not leave India without previous HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.24730/2020 (Amrat Gir Vs. State of M.P. ) permission of the trial Court/Investigating Officer, as the case may be;
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10.o`{kksa dh çxfr ij fuxjkuh j[kuk fopkj.k U;k;ky; dk drZO; gS D;ksafd i;kZoj.k {kj.k ds dkj.k ekuo vfLrRo nkao ij gS vkSj U;k;ky; vuqikyu ds ckjs esa vkosnd }kjk fn[kkbZ xbZ fdlh Hkh ykijokgh dks utj vankt ugh dj ldrk gSA blfy, vkosnd dks isM+ksa dh çxfr vkSj vkosnd }kjk vuqikyu ds laca/k esa ,d fjiksVZ çLrqr djus ds fy, funZsf'kr fd;k tkrk gS ,oa vkonsd }kjk fd;s x;s vuqikyu dh ,d la{kfIr fjiskVZ bl U;k;ky; ds le{k izR;sd rhu ekg esa ¼vxys N% eghuksa ds fy,½ j[kh tk;sxh ftls fd ^^funsZ'k ^^ 'kh"kZ ds varxZr j[kk tk,xkA
11. o`{kkjksi.k esa ;k isM+ksa dh ns[kHkky esa vkosnd dh vksj ls dh xbZ dksbZ Hkh pwd vkosnd dks tekur dk ykHk ysus ls oafpr dj ldrh gSA
12. vkosnd dks viuh ilan ds LFkku ij bu ikS/kksa@isMksa dks jksius dh HIGH COURT OF MADHYA PRADESH 6 M.Cr.C.No.24730/2020 (Amrat Gir Vs. State of M.P. ) Lora=rk gksxh] ;fn og bu jksis x;s isMksa dh Vªh xkMZ ;k ckM+ yxkdj j{kk djuk pkgrk gS] vU;Fkk vkosnd dks o`{kksa ds jksi.k ds fy, rFkk muds lqj{kk mik;ksa ds fy, vko';d [kpsZ ogu djuk gksxsaA
13. bl U;k;ky; }kjk ;g funsZ'k ,d ijh{k.k izdj.k ds rkSj ij fn, x, gSa rkfd fgalk vkSj cqjkbZ ds fopkj dk izfrdkj] l`tu ,oa izd`fr ds lkFk ,dkdkj gksus ds ek/;e ls lkeaktL; LFkkfir fd;k tk ldsA orZeku esa ekuo vfLrRo ds vko';d vax ds :i esa n;k] lsok] izse ,oaa d:a.kk dh izd`fr dks fodflr djus dh vko';drk gS D;ksafd ;g ekuo thou dh ewyHkwr izo`fr;ka gSa vkSj ekuo vfLrRo dks cuk, j[kus ds fy, budk iquthZfor gksuk vko';d gSA ^^;g iz;kl dsoy ,d o`{k ds jksi.k dk iz'u u gksdj cfYd ,d fopkj ds vadqj.k dk gSA^^ Application stands allowed and disposed of.
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 jps/-Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA JAI PRAKASH PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, SOLANKI st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf17 9cec865c7633f4cfb9e38ce14fcbb05b9522 a, cn=JAI PRAKASH SOLANKI Date: 2020.08.06 11:56:40 +05'30'