Ravi Kiran vs The State Of Madhya Pradesh
2021 Latest Caselaw 4451 MP

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          HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.38224/2021
                  (Ravi Kiran Vs. State of M.P.)
Gwalior Bench: Dated 18.08.2021
      Shri Ravi Dwivedi, learned counsel for the applicant

through video conferencing.

      Shri B.S. Gaur, learned PL for the respondent/State.

Shri Anmol Khedkar, learned counsel for the complainant

through video conferencing.

The applicant has filed this second bail application u/S.439

Cr.P.C. for grant of bail. Applicant has been arrested on

22.06.2021, by Police Station- Hajira, District- Gwalior, in

connection with Crime No.216/2021, for the offence punishable

under Sections 354, 384, 385, 504 of IPC. Earlier bail application

was dismissed as withdrawn by this court.

It is the submission of the learned counsel for the applicant

that false case has been registered against the applicant and he is

suffering confinement since 22.06.2021 whereas charge-sheet has

already been filed. Therefore, chance of tampering with the

evidence/witnesses is remote. From the allegation itself, it

appears that applicant and victim were in close emotional

proximity and out of that, proximity certain photographs were

shared by the victim to the applicant through internet. It is not the

case where applicant morphed or created some photographs of

victim on his own. Looking to the allegation and the fact that

applicant is a nursing student, a chance may be given to him to

reform himself and course correction in life. Even otherwise, he

intends to perform community service voluntarily by serving the

environment and National/Social cause by contributing his part

voluntarily to purge his misdeeds. On his own, it is submitted that

since applicant is a nursing student, therefore, he wants to serve

any government hospital at Gwalior. Confinement amounts to

pretrial detention. He undertakes to cooperate in the

investigation/trial and would make himself available as and when

required. Applicant does not bear any criminal record. He would

not be a source of embarrassment or harassment to the

complainant party. He would not move in the vicinity of

complainant party. Under these grounds, he prayed for bail.

Learned PL for the respondent/State opposed the prayer

and submitted that looking to the nature of offence, applicant does

not deserves bail. However, if the bail is granted then some

stringent conditions may be imposed over him including

community service, so that he may not escape from the course of

justice and may have a chance to reform himself as per the spirit

of judgment passed by this Court in the case of Sunita

Gandharva Vs. State of M.P. reported in 2020 (3)

MPLJ(Cri.)247.

Learned counsel for the complainant vehemently opposed

the prayer and submitted that applicant cheated the victim

because she sent certain photographs under the bonafide belief of

privacy, but he breached the same, therefore, looking to this

serious act of applicant, his case may be dismissed.

Heard learned counsel for the parties at length and perused

the documents appended thereto.

Although allegations prima facie are not in good taste, but

looking to the period of custody and the fact that charge-sheet has

already been filed as well as age of applicant and his intention to

reform himself and to serve the social cause as per the spirit

echoed in the order of Sunita Gandharva (Supra), this court

intends to allow the present application but with some stringent

condition as discussed by Hon'ble Supreme Court in the case of

Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online

230, without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be

released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties

in which one surety should to be of district Gwalior or any

neighbouring districts of the like amount to the satisfaction of

the Trial Court concerned.

This order will remain operative subject to compliance of

the following conditions by the applicant:-

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 herself 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 commit an offence similar to the

offence of which she is accused;

5. The applicant will not seek unnecessary adjournments

during the trial; and

6. The applicant will not leave India without previous

permission of the trial Court/Investigating Officer, as the case may

be.

7. The applicant would not move in the vicinity of

prosecutrix and shall not try to contact her any manner and

shall not embarrass or harass her through any mode

physically or virtually.

8. Any default shall disentile him from the benefit of bail.

9. As per the undertaking given on behalf of the applicant

for social/community work, the applicant is directed to visit

Community Health Centre Morar, Gwalior/District Hospital

Gwalior in Outdoor Patient Department (OPD) and serve the

patients for three months i.e. from the month of August, 2021 to

November, 2021 on every Saturday and Sunday from 09:00

am to 1 pm, so that he may learn the lesson to believe in peaceful

co-existence in the society and become a better citizen. Chief

Medical Health Officer (CMHO), District-

Gwalior/Superintendent Community Health Centre, Morar,

District Gwalior as the case may be, shall permit the applicant to

work in the Outdoor Patient Department only while assisting the

ward boys and male nurses to serve the patients. He would not be

allowed to move in the Wards and ICU etc.

CMHO, Gwalior/Superintendent, Community Health

Centre, Morar, District Gwalior, shall use the service of applicant

in maintaining cleanliness in the building and serving the patients

and doing work like First Aid etc., so that applicant may inculcate

some basic knowledge of First Aid or Emergency Care of patients

which may be helpful for unforeseen exigencies or natural

calamities wherein appellant may be helpful as a volunteer.

CMHO, Gwalior, may inform the Registry of this Court, if

any default is made by the applicant. Even otherwise, CMHO

may submit a report about the work done by the applicant after

completion of his stint with community service for the three

months i.e. from August, 2021 to November, 2021. The progress

report may be submitted in month of December, 2021. On the

other hand, applicant shall also have to submit a report about his

experience of community service in every month before this

Court, which shall be placed before this Court under the caption

"Direction".

This direction is made by this Court as a test case to

address the Anatomy of Violence and Evil by process of

Creation and a step towards Alignment with Nature. The

natural instinct of compassion, service, love and mercy needs

to be rekindled for human existence as they are innately

ingrained attributes of human existence.

A copy of this order be sent to District Judge, Gwalior,

Chief Medical and Health Officer, Gwalior and concerned

Superintendent, Community Health Morar, Gwalior, also for

information and ensuring compliance.

And

The Station House Officer of the concerned Police Station is directed as follows:

1. The Station House Officer shall inform the victim about the release of the petitioner/applicant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.

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Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge Rashid Digitally signed by RASHID KHAN

RASHID KHAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3985b5e9940ed4 2, pseudonym=D0D045404B6F6AB1225B3600B86B72153386BADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8E0E91BEDA3CB721BBD83 6D768B09C, cn=RASHID KHAN Date: 2021.08.23 18:01:21 +05'30'