Pushpendra Singh Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6351 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-47990-2021
           Pushpendra Singh Dhakad Vs. State of MP

Gwalior, Dated: 04-10-2021

      Shri Atul Sharma, Counsel for the applicant.

      Smt. Padmshri Agrawal, Counsel for the State.

      Case diary is available.

      This first application under Section 439 of CrPC has been filed

for grant of bail.

      The applicant has been arrested on 04.09.2021 in connection

with Crime No.403/2021 registered by Police Station Hazira Distt.

Gwalior for offence punishable under Sections 376, 342, 506 of IPC.

      It is submitted by the counsel for the applicant that admittedly

the prosecutrix is a major girl. According to the prosecution case, on

10.08.2021

she left her house along with the applicant for Delhi by

Bus. It is alleged that on 11.08.2021 the applicant offered to marry

the prosecutrix, but the prosecutrix refused to marry him. Thereafter,

by threatening that the family members of the prosecutrix be killed, it

is alleged that the applicant developed physical relationship with her

forcibly and on 02.09.2021 the applicant left the prosecutrix in

Gwalior near Char Shahar Ka Naka. It is submitted that it is incorrect

to say that the prosecutrix was abducted by the applicant. In fact the

applicant and the prosecutrix got married in Arya Samaj Marriage

Trust, Old Vijay Nagar, Ghaziabad on 12.08.2021. Marriage

certificate as well as photographs have also been filed. Even

THE HIGH COURT OF MADHYA PRADESH MCRC-47990-2021 Pushpendra Singh Dhakad Vs. State of MP

otherwise, the prosecutrix is a major woman and she had gone

voluntarily with the applicant and entered into physical relationship

on her own. The applicant is in jail for the last one month. The Trial

is likely to take sufficiently long time and there is no possibility of

his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considered the submissions made by the Counsel for the

parties.

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 Powered 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. 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

THE HIGH COURT OF MADHYA PRADESH MCRC-47990-2021 Pushpendra Singh Dhakad Vs. State of MP

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 undertrial 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.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the allegations as well as considering the fact that

in view of second wave of Covid19 pandemic, it is also necessary to

decongest the jail, and without commenting on the merits of the case,

it is directed that the applicant be released on bail, on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rs. One Lac) with one

surety in the like amount to the satisfaction of the Trial Court or

C.J.M. or Remand Magistrate (Whosoever is available). The

applicant shall also furnish an undertaking that he shall follow all the

instructions which may be issued by the Central Govt./State Govt. or

Local Administration (General or Specific) from time to time for

combating Covid19.

THE HIGH COURT OF MADHYA PRADESH MCRC-47990-2021 Pushpendra Singh Dhakad Vs. State of MP

The Supreme Court in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has

directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.

Accordingly, it is directed that before releasing the

applicant, the jail authorities shall get the applicant examined by

a competent Doctor and if the Doctor is of the opinion that his

Corona Virus test is necessary, then the same shall be conducted.

If the applicant is not found suspected of Covid19 infection or if

his test report is negative, then the concerned local

administration shall make necessary arrangements for sending

the applicant to his house as per the directions issued by the

Supreme Court in the case of IN RE : CONTAGION OF COVID

THE HIGH COURT OF MADHYA PRADESH MCRC-47990-2021 Pushpendra Singh Dhakad Vs. State of MP

19 VIRUS IN PRISONS (Supra), and if he is found positive then

the applicant shall be immediately sent to concerning hospital for

his treatment as per medical norms. 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 Covid19. 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 him in

custody and would send him to the same jail from where he was

released. The applicant is further directed to supply a copy of

this bail order to the police station having jurisdiction over his

place of residence.

The other conditions of Section 437, 439 Cr.P.C. shall remain

the same.

This order shall remain in force, till the conclusion of Trial. In

case of bail jump, or violation of any of the condition(s) mentioned

above, this order shall automatically lose its effect.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

THE HIGH COURT OF MADHYA PRADESH MCRC-47990-2021 Pushpendra Singh Dhakad Vs. State of MP

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVED I 2021.10.04 17:56:17 +05'30'