Madhya Pradesh High CourtVicky Balmik vs The State Of Madhya Pradesh on 1 June, 2020Author:Vishal MishraBench:Vishal Mishra1                           MCRC-12206-2020\n         The High Court Of Madhya Pradesh\n                   MCRC-12206-2020\n              (VICKY BALMIK Vs THE STATE OF MADHYA PRADESH AND OTHERS)\n\n1\nGwalior, Dated : 01-06-2020\n        Shri Samar Ghuraiya, Advocate for the petitioner.\n        Shri Anoop Nigam, Panel Lawyer for the respondent/State.I n the wake of unprecedented and uncertain situations due to the\noutbreak of Novel Corona Virus COVID-19 and considering the advisories\nissued by the Government of India, this application is being heard and\n\ndecided through video conferencing to maintain social distancing. The parties\nare being represented through their respective counsels through VC and\ntherefore, norms of social distancing/physical distancing were followed in\nletter and spirit.The applicant has filed this first applicationu/S 439, Cr.P.C. for grant\nof bail. The applicant has been arrested by Police Station Seondha Distt.\nDatia     in connection with Crime No.88/2018 registered in relation to the\noffences punishable under Secs. 363, 366, 376 (2) of theIPCand underSec.\n5/6of POCSO Act.Learned counsel for the applicant submits that applicant has been\nfalsely implicated in the case. It is submitted that applicant is the husband of\nthe prosecutrix and she is pregnant. It is submitted that on earlier occasion\nsimilar false case has been registered against him by the same complainant\nfor which he has filed M.Cr.C. No. 22168/2018 and he was granted bail by\nthis court vide order dated 2.4. 2018. He has drawn attention of this court to\nthe aforesaid order and has argued that there is observation made by this\ncourt to the extent that as per the radiologist report the prosecutrix is found\nto have completed 18 years of age. He has further read-over the statement of\nthe prosecutrix recorded underSec. 164of the Cr.P.C in the present case\nand has submitted that applicant is the husband of the prosecutrix who is\npregnant. He is in custody since 24.1. 2020 and        is ready to abide by all the\n                                     2                           MCRC-12206-2020\nterms and conditions that may be imposed by this court. He has shown his\nwillingness to contribute Rs. 5,000/- in PM Cares Fund.               Under these\ncircumstances, counsel for the applicant prays for bail.P e r contra, learned Govt. Advocate has opposed the application\nstating that investigation is still pending in the matter and the allegation against\nthe applicant is of commission of offence punishable underSec. 376of the\n\nIPC including the offence punishable under Sec. POCSO Act and the date\nof birth of the prosecutrix as per the school record is found to be 3.4. 2002.The Supreme Court by order dated 23-3-2020 passed in the case of IN\nRE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO\nMOTU W.P. (C) No. 1/202 0 has directed all the States to constitute a High\nLevel Committee to consider the release of prisoners in order to decongest\nthe prisons. The Supreme Court has observed as under :The issue of overcrowding of prisons is a\n             matter of serious concern particularly in the\n             present context of the pandemic of Corona Virus\n             (COVID 19). Having regard to the provisions ofArticle 21of the Constitution of India, it has\n             become imperative to ensure that the\n             spread of the Corona Virus within the prisons is\n             controlled. We direct Committee comprising of(i) Chairman of the State Legal Services\n             Committee, (ii) the Principal Secretary\n             (Home/Prison) by whatever designation is\n             known as, (ii) Director General of Prison(s), to\n             determine which class of prisoners can be\n             released on parole or an interim bail for such\n             period as may be thought appropriate. For\n             instance, the State/Union Territory could\n             consider the release of prisoners who have been\n             convicted or are under trial for offences for\n             which prescribed punishment is up to 7 years or\n             less, with or without fine and the prisoner has\n             been convicted for a lesser number of years than\n             the maximum. It is made clear that we leave it\n             open for the High Powered Committee to\n             determine the category of prisoners who should\n             b e released as aforesaid, depending upon the\n             nature of offence, the number of years to which3                           MCRC-12206-2020\n             he or she has been sentenced or the severity of\n             the offence with which he/she is charged with\n             and is facing trial or any other relevant factor,\n             which the Committee may consider appropriate.After considering the rival submissions as well as considering the fact\nsituation, wherein, we are facing wrath of pandemic COVID-19, and looking\nto the custody period and that in the earlier round of litigation, this court has\nalready considered radiologist report and has found that the age of the\nprosecutrix to be more than 18 years of age coupled with the fact that\napplicant is the husband of the prosecutrix, and that applicant has shown his\nwillingness to contribute in PM Cares fund and is ready to give his services\nin this pandemic       caused by covid-19,     this Court is of the considered\n\nopinion that applicant deserves to be released on bail.Accordingly, application is allowed. It is directed that the applicants\nbe released on bail on furnishing a personal bond in the sum of Rs. 50,000/-\n(Rs. Fifty Thousand only) with one solvent surety in the like amount to the\nsatisfaction of the concerned trial Court.This order will remain operative subject to compliance of the following\nconditions by the applicant :-1. The applicant will comply with all the terms and conditions of the\nbond executed by him;2. The applicant will cooperate in the investigation/trial, as the case may\nbe;3 . The applicant will not indulge himself in extending inducement,\nthreat or promise to any person acquainted with the facts of the case so as to\ndissuade him/her from disclosing such facts to the Court or to the Police\nOfficer, as the case may be;4. The applicant shall not commit an offence similar to the offence of\nwhich he is accused;5. The applicant will not seek unnecessary adjournments during the\ntrial; and4                       MCRC-12206-20206. The applicant will not leave India without previous permission of the\ntrial Court/Investigating Officer, as the case may be.7. The applicant shall deposit Rs. 5000/- in PM Cares Fund having\nAccount No. 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code:SBININBB104, Name of Bank and Branch: State Bank of India, New Delhi\nMain Branch within a period of seven days from the date of his release.8. The applicant will inform the concerned S.H.O. of concerned Police\nStation about his residential address in the said area and it would be the duty\nof the Public Prosecutor to send E-copy of this order to SHO of concerned\npolice station as well as concerned who shall inform the concerned SHO\nregarding the same.Applicant shall install Arogya Setu App in his mobile immediately and\nwould intimate his place of residence to the SHO of concerned Police\nStation; where he resides. Aapplicant further submits the undertaking to the\neffect that he will abide by the terms and conditions of different circulars,\norders as well as guidelines issued by Central Government, State Government\nas well as Local Administration for maintaining social distancing, hygiene etc\nto avoid Novel Corona Virus (COVIC-19) pandemic.In view of the COVID-19, jail authorities are directed that before\nreleasing the applicant, medical examination of applicant shall be undertaken\nby the jail doctor and on prima facie, if it is found that he is having the\nsymptoms of COVID-19, then consequential follow up action including the\nisolation/quarantine or any test if required, be ensured, otherwise applicant\nshall be released immediately on bail and shall be given a pass or permit for\nmovement to reach his place of residence.E-copy of this order be provided to the applicant and E-copy of this\norder be sent to the trial Court concerned for compliance. It is made clear\nthat E-copy of this order shall be treated as certified copy for practical\npurposes in respect of this order.(VISHAL MISHRA)\n                            5   MCRC-12206-2020\n                               JUDGE\narDigitally signed byABDUR RAHMANDate: 2020.06.0116:50:08 +05'30'