Raju Banjara vs State Of Madhya Pradesh

This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered at Crime No.455/2019 at Police Station Chanderi, District Ashoknagar for the offence under Sections 354, 323, 506, 34 of IPC and under Sections 7/8 of the POCSO Act.

It is submitted by learned counsel for the applicant that on the basis of registration of case on false pretext, he is apprehending his arrest. In fact the alleged act has been committed by some other persons and the applicant has been falsely implicated. He referred Panchnama signed by Sarpanch of concerned Gram Panchayat and other Panchas including residents of the village. Without any criminal antecedents, applicant may be confined to jail which may cause social disrepute and personal inconvenience. He undertakes to cooperate in investigation and would make himself available as and when required by the investigating officer and trial Court and also undertakes to do some community service. Consequently, he prayed for bail of anticipatory nature.

On the other hand, learned Public Prosecutor submits that there is named FIR against the applicant, therefore, prayed for dismissal of the application.

Considering the submissions of learned counsel for the applicant as well as fact situation of the case, without expressing any opinion on the merits of the case, I intend to allow this bail application. It is directed that applicant shall be released on bail in case of his arrest on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Arresting Authority/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

As per the undertaking of the counsel on behalf of the applicant for social/community work, the applicant is directed to visit Community Health Center, Chanderi District Ashoknagar in Outdoor Patient Department (OPD) and serve the patients on every Monday and Tuesday between 09:00 am to 1 pm from this month of October till January, 2020 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), Ashoknagar/Hospital Superintendent, Community Health Center, Chanderi District Ashoknagar 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, Ashoknagar/ Hospital Superintendent, Community Health Center, Chanderi District Ashoknagar 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 applicant may be helpful as a volunteer.

A copy of this order be sent to CMHO, Ashoknagar /Hospital Superintendent, Community Health Center, Chanderi District Ashoknagar for information and ensuring compliance of this order. CMHO, Ashoknagar/ Hospital Superintendent, Community Health Center, Chanderi District Ashoknagar may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO/Hospital Superintendent as the case may be may submit a report about the work done by the applicant after completion of his stint with community service in every two months. The report may be submitted in December 2019. On the other hand, applicant shall also have to submit a report about his experience of community service 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 engrained attributes of human existence.

Copy of this order be sent to the District Judge, Ashoknagar, CMHO, Ashoknagar/Hospital Superintendent, Community Health Center, Chanderi district Ashoknagar and the concerned trial Court for information and necessary compliance.

Certified copy as per rules.