Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 4 November, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.42235/2020
(Laxman Vs. State of M.P.)
Gwalior Bench: Dated 04.11.2020
Shri Devendra Choubey, learned counsel for the applicant.
Shri Nitin Goyal, learned counsel for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20.09.2020, by Police Station Dimni, District Morena, in connection with Crime No.235/2020, for the offence punishable under Section 376-D, 366, 342, 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 20.09.2020 whereas charge-sheet has already been filed. Name of applicant does not figure in statement under Section 164 of Cr.P.C. at all. Earlier his name was referred in FIR and statement under Section 161 of Cr.P.C.. His role was not in respect of commission of offence of rape but his presence was shown on the spot. Main culprit appears to be co-accused namely Dilip. Confinement amounts to pretrial detention. He undertakes to cooperate in trial/investigation and would not be a source of embarrassment/harassment to the complainant party in any manner. He would not involve in the criminal activity in future. Under these grounds, he prayed for bail.
HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.42235/2020 (Laxman Vs. State of M.P.) Learned Panel Lawyer 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 submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on the merits of the case, this application is allowed. 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) along with one solvent surety of the like amount to the satisfaction of trial Court.
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 positive then the applicant shall be immediately sent to the concerned hospital for his treatment as per medical norms but if he is found negative, then he shall be released. After his release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Government/State Government or Local Authorities for combating the COVID-19.
This order will remain operative subject to compliance of the following conditions by the applicant :-
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.42235/2020 (Laxman 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 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. Applicant will not seek unnecessary adjournments during trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
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. The applicant would not move in the vicinity of complainant and would not be a source of embarrassment/harassment to the complainant party in any manner.
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 Rashid RASHID KHAN 2020.11.05 11:13:58 +05'30'