Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 27 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.16292.2020.
(Neeraj Sharma Vs. State of M.P. )
GWALIOR; dated 27.06.2020.
Shri Chandra Pratap Singh, learned counsel, for the applicant.
Shri Anup Nigam, learned Panel Lawyer, for the respondent
/State.
This is second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C.no.11035 of 2020 was dismissed as withdrawn with liberty to repeat after examination of material witnesses before the trial court, on 16.3.2020.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Applicant is arrested by Police Station Bhonti district Shivpuri M.P, in connection with Crime No.14 of 2020 registered in relation to the offence punishable u/S. 306, 498A, 34 of IPC and 3/4 of Dowry Prohibition Act.
It is submitted by counsel for the applicant that till date, not even charges are framed before the trial court. It is further submitted that the applicant is a serving man of ITBP. There is no allegation of abetment to commit suicide against the applicant therefore, no offence under Section 2 THE HIGH COURT OF MADHYA PRADESH MCRC.16292.2020.
(Neeraj Sharma Vs. State of M.P. ) 306 of IPC is made out. Marriage of applicant took place 14 years before and there is a daughter of applicant of 10 years and at his home, there is nobody to look after her. He is ready to abide with all the conditions which may be imposed by this court while considering this application for bail. The applicant has shown his willingness to serve the national cause by making contribution of Rs.5,000/- in PM Care Fund and install Arogya Setu App. He prays that looking to the Covid 19 scenario, he may be released at least for sometime treating this bail application as an application for interim bail.
Per contra, learned Panel Lawyer appearing for the State opposed the application stating that there are antemortem injuries on the person of deceased but fairly submits that looking to the Covid 19 scenario, his application for interim bail can be considered as the applicant is having a 10 years old daughter and there is no other member to look after her.
Heard learned counsel for the parties and perused the case diary. Considering the alarming situation of Novel Corona Virus (COVID-19) and the fact that till date even charges have not been framed in the matter, this Court deems it appropriate to allow this application for grant of interim bail.
Accordingly, this application is allowed. The applicant is directed to be released for a period of 45 days (from the date of his release) on furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial 3 THE HIGH COURT OF MADHYA PRADESH MCRC.16292.2020.
(Neeraj Sharma Vs. State of M.P. ) Court. The applicant shall deposit Rs.5,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code:
SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before CJM, Shivpuri on completion of 45 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.
This order will remain operative for 45 days subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station 4 THE HIGH COURT OF MADHYA PRADESH MCRC.16292.2020.
(Neeraj Sharma Vs. State of M.P. ) as well as Superintendent of Police, District Bhind who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of. In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately.
E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.06.27 17:10:48 +05'30'