In a first, the Madhya Pradesh High Court (Indore Bench) on Thursday (30th July) released a person, apprehended for outraging the modesty of a woman, on bail provided that he visits the house of the complainant and requests her to tie the Rakhi band to him "with the promise to protect her to the best of his ability for all times to come."
The bench of Justice Rohit Arya was hearing a matter whereby the applicant as a neighbour had entered the house of the complainant and caught hold of the hand of the complainant attempting to outrage her modesty (as per the prosecution's case).
Notably, the applicant was in custody since 02/06/2020 in connection with the crime No.133/2020 registered at Police Station Bhatpachlana, District-Ujjain for the offence punishable under sections 452, 354-A, 354, 323 and 506 of IPC.
Submissions of the Bail applicant
The counsel for the applicant submitted that as a matter of fact, the applicant had asked the husband of the complainant to return back the outstanding loan amount, which was advanced by the applicant during the lockdown period.
It was argued that the complainant's husband had taken exception thereto and as a sequel to the demand filed the instant false case against the present applicant.
Besides, the applicant also pleaded before the court that he is a married person and cannot think of entering the house of the neighbour to outrage the modesty of a women/ complainant.
It was argued that the family is on the verge of starvation due to his jail incarceration. Further jail incarceration shall jeopardise the life of the family members.
The order of the court
The bench in its order acknowledged the fact that that the applicant has already suffered jail incarceration for more than two months, and that he is no more required for further custodial interrogation, therefore, he could be released on bail.
While putting a unique bail condition, the court in its order said,
"The applicant (Vikram) along with his wife shall visit the house of the complainant with Rakhi thread/band on 03rd August 2020 at 11:00 am with a box of sweets and request the complainant to tie the Rakhi band to him with the promise to protect her to the best of his ability for all times to come."
It was also directed by the court that the applicant shall tender Rs.11, 000/- (Rs. Eleven Thousand Only) to the complainant as a customary ritual "usually offered by the brothers to sisters on such occasion and shall also seek her blessings."
Further, the applicant has also been asked to tender Rs.5, 000/- to the son of the complainant-Vishal "for purchase of clothes and sweets".
Additionally, the applicant has been ordered to obtain photographs and receipts of payment made to the complainant and her son, and as per the court's order "same shall be filed through the counsel for placing the same on record of this case before this Registry."
However, the court clarified that the aforesaid deposit of amount shall not influence the pending trial, but is only for enlargement of the applicant on bail.
Other Significant Bail Conditions
This is not the first time that the Madhya Pradesh High Court has evolved a peculiar bail condition during the pandemic situation.
Register as COVID Warrior
As reported earlier, the High Court has been directing few accused to register themselves as "COVID-19 Warriors" and work in the "COVID-19 Disaster Management", as per directions of the concerned District Magistrate, as a pre-condition for bail.
"Human resource in the shape of young-aged Appellants could be utilized for the betterment of the society and to ward off the crises," Justice Sheel Nagu had remarked while imposing this bail condition in one of the cases.
Render Voluntary Service
Similarly, Justice Prakash Shrivastava of the MP High Court had directed a grocery shop-owner, apprehended for lockdown violation, to render "voluntary services" for a week, as a precondition for bail. )
Notably, the Patna High Court in the month of March while granting bail to a man accused in a murder case, had directed him to render service as a volunteer for a period of three months from the date of his release in the process of combating the pandemic of Covid-19 of Corona Virus. ()
In the first week of June, 2020 (1-4 June 2020), a similar bail condition was imposed by the Patna High Court in more than 20 bail application matters.
Installation Of 'Non-Chinese' LED TV At A Local District Hospital
In the month of June, the Madhya Pradesh High Court had directed two accused to install coloured LED TV at a local District Hospital, manufactured anywhere but in China, as a pre-condition for bail.
"The petitioner along with petitioner in McrC No.11789/20 undertake to purchase and install a black coloured LED T.V. at Renbasera, District Hospital Morar worth at least Rs.25,000/- manufactured in India or abroad except China.
Donate Sanitizer and Masks
Again, the Madhya Pradesh HC on Thursday (02 July) directed two accused to donate 5-5 litres of alcoholic based sanitizer and 200-200 good quality masks to the District Hospital, Dhar for the use of Para-medical staff, as a pre-condition for bail. ()
Render Physical And Financial Assistance As 'Shiksha Swayamsewak'
Case Title: Vikram v. State of Madya Pradesh
Case No.: MCRC-23350-2020
Quorum: Justice Rohit Arya
Appearance: Advocate Vishal Patidar (for the applicant); Panel Lawyer Sudhanshu Vyas, (for the respondent-State)