Rahul Bhargava vs The State Of Madhya Pradesh
2021 Latest Caselaw 6066 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.46760/2021
                Rahul Bhargava vs. State of MP

Gwalior, Dated : 27-09-2021

       Shri R.K. Upadhyay, counsel for applicant.

       Shri Rajeev Upadhyay, counsel for State.

       Case diary is available.

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

for grant of bail.

       The applicant has been arrested on 19.01.2021 in connection

with Crime No.29/2021 registered at Police Station Sironj            Distt.

Vidisha for offence under Sections 363, 366-A, 368, 376-D, 376 (2)

(n), 344, 370, 506 of IPC and Sections 3, 4, 5, 6 of POCSO Act.

       It is submitted by counsel for the applicant that prosecutrix has

been examined and she has not supported the prosecution case. Even

in the FSL report, no human sperm and semen was found in the

vaginal slide as well as in the underwear of the prosecutrix. Thus, it is

clear that there is no forensic evidence against the applicant. The Trial

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

absconding or tampering with the prosecution case. It is further

submitted that co-accused-Vinod Bhargava has been granted bail by

this   Court   by    order   dated   20.09.2021    passed    in   M.Cr.C.

No.46395/2021.

       Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that either the prosecutrix had made

false allegations against the applicant or has not stated the truth before

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.46760/2021 Rahul Bhargava vs. State of MP

the trial Court, therefore she is liable to be prosecuted under Section

340 of Cr.P.C. It is further submitted that the incriminating articles

have not been sent for DNA test.

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 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.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.46760/2021 Rahul Bhargava vs. State of MP

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 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.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.46760/2021 Rahul Bhargava vs. State of MP

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

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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.46760/2021 Rahul Bhargava vs. State of MP

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.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.09.27 16:48:54 +05'30'