Pradeep Jain vs The State Of Madhya Pradesh
2021 Latest Caselaw 4942 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.43298/2021
                Pradeep Sen vs. State of M.P.

Gwalior, Dated : 02.09.2021

      Shri RVS Ghuraiya, Counsel for the applicant.

      Shri Neelesh Tomar, Public Prosecutor for the respondent/State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed as

withdrawn by order dated 7.6.2021 passed in M.Cr.C.No.23047/2021.

The applicant has been arrested on 22.2.2021 in connection

with Crime No.72/2021 registered at Police Station Inderganj, District

Gwalior for offence under Sections 376, 506, 34 of IPC.

It is submitted by the counsel for the applicant that after

rejection of the previous bail application, the prosecutrix has been

examined and she has turned hostile. Even she has not identified the

applicant in dock. It is submitted that according to the prosecution

case, the applicant was the driver of the car and the co-accused has

committed rape on the prosecutrix in the running car. In absence of

allegation of rape, there is no possibility of presence of DNA profile

of the applicant in any incriminating article of the prosecutrix. There

is no connecting material to show that the applicant was driving the

car at the time of incident. The trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

THE HIGH COURT OF MADHYA PRADESH MCRC No.43298/2021 Pradeep Sen vs. State of M.P.

the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted by the counsel of the State that

from the arrest memo it is clear that the applicant was driver of the

car, however, he could not point out any other material to indicate that

the applicant was driving the car when the prosecutrix was allegedly

raped in the running car.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.43298/2021 Pradeep Sen vs. State of M.P.

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 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 No.43298/2021 Pradeep Sen vs. State of M.P.

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 19 VIRUS IN

PRISONS (Supra), and if he is found positive then the applicant

THE HIGH COURT OF MADHYA PRADESH MCRC No.43298/2021 Pradeep Sen vs. State of M.P.

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 & Ors. vs. State of M.P. passed on 18.3.2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.43298/2021 Pradeep Sen vs. State of M.P.

With aforesaid observations, this application is Allowed.

                                                         (G.S. Ahluwalia)
 (alok)                                                        Judge




ALOK KUMAR
2021.09.02 18:31:39 +05'30'