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Madhya Pradesh High Court · body

2020 DIGILAW 547 (MP)

Keshav And Others v. State Of M. P.

2020-05-12

ANAND PATHAK

body2020
JUDGMENT 1. This is the first application under Section 438 of the Cr.P.C filed by the applicants, who apprehend their arrest in connection with Crime No.32/2020, registered at Police Station Surpura, District Bhind, for the offences punishable under Sections 452, 323, 294, 336, 506 and 34 of IPC. 2. It is the submission of counsel for the applicants that applicants apprehend their arrest on the basis of registration of offence referred above on false pretext. Applicants No.1 and 2 are teachers whereas applicant No.3 is working in Indian Army. Relevant documents are part of record. It is further submitted that ingredients of allegation of offence under Section 452 of IPC is not made out because applicants never committed house trespass. Even otherwise, at the instance of applicants, a case under the Atrocities Act has been instituted against the present complainant. Applicants did not bear any criminal record. Confinement would bring professional/personal inconvenience. They undertake to cooperate in trial/investigation and would not be a source of embarrassment or harassment to the complainant party in any manner. They undertake to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App . Accordingly, prayer for anticipatory bail has been made. 3. Learned counsel for the State opposed the prayer and prayed for dismissal of the application. 4. Heard learned counsel for the parties at length through VC and considered the arguments advanced by them. 5. The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under : 'The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. 6. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicants deserve to be released on bail. 7. As this Court is not in a position to consider 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 in the event of arrest, the applicants shall be released on bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of Investigation Officer / trial Court, as the case may be with submission of written undertaking 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, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and they will have to install Arogya Setu App , if not already installed. 8. This order will remain operative subject to compliance of the following conditions by the applicants:-- 1. The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. 8. This order will remain operative subject to compliance of the following conditions by the applicants:-- 1. The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they is accused; 5. The applicants will not seek unnecessary adjournments during the trial; 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7. Applicants shall deposit Rs.2,000/- each 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. 8. The applicants 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. 9. Application stands allowed and disposed of. 10. E- copy o f 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.