Madhya Pradesh High Court: Anand Pathak, J., while granting bail and directing to adhere bail conditions added a condition with regard to “digital detoxification” wherein the applicant needs to stay away from Facebook and Whatsapp for 2 months.
Applicant filed the first application under Section 439 CrPC for grant of bail for the offence punishable under Sections 323, 294, 506/34, 327 and 329 of Penal Code, 1860.
Applicant’s Counsel submitted that a false case had been registered against him due to which he has been suffering confinement.
Further, he added that in these times of pandemic, his case is sympathetically considered. Even otherwise he learned the lesson hard way and would mend his way and would become a better citizen.
Confinement amounts to pretrial detention and further he undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 pandemic. He also adds that the applicant intends to perform community service.
Court in view of the present times and on considering the peculiar fact situation stated that the applicant deserves to be released on bail.
Hence on furnishing a personal bond of Rs 50,000 along with one solvent surety of like amount, the applicant will be released and adding to the same he will have to install Arogya Setu App.
Jail authorities are directed to conduct his preliminary cronoa virus test.
After release, Court further directed the applicant to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19.
Compliance of the following conditions by applicant is required:
- 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 them from disclosing such facts to the Court or to the Police Officer.
- applicant shall not commit an offence similar to the offence of which he is accused
- applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial
- applicant will not leave India without previous permission of the trial Court/Investigating Officer
- Applicant shall not move in the proximity of the complainant and would always cooperate in the trial. He would not tamper the evidence and witnesses of the case.
- Applicant shall remove himself from the WhatsApp and Facebook group and other Social Media groups for next two months and would not be present on any social media platform at all for two months for digital detoxification for personal reasons or for other reasons.
- Every month applicant shall have to submit report about his digital detoxification at the police station concerned.
In view of the above, the application was disposed of. [Harendra Tyagi v. State of M.P., 2020 SCC OnLine MP 1684, decided on 04-08-2020]