Madhya Pradesh High Court
Jeetu Sahu vs State Of Mp on 10 June, 2020
Author: Anand Pathak
Bench: Anand Pathak
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HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.15166/2020
( Jeetu Sahu Vs. State of M.P. )
Gwalior, Dated:10.06.2020
Shri Prasun Maheshwari, learned counsel for the applicant.
Shri Purushottam Ray, learned PL for the respondent/State.
Matter is heard through Video Conferencing.
The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20.06.2019 by Police Station Chanderi, District Ashoknagar in connection with Crime No.309/2019 registered for offence under Sections 363, 306, 354-D, 506 and 34 of IPC 7/8 of POSCO Act. His earlier bail application has been dismissed as withdrawn on 16.10.2019 passed in MCRC.No.42455/2019.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 20.06.2019. In the case in hand, material prosecution witnesses have been examined before the Court and nobody has supported the story of prosecution and all have declared hostile therefore, chance of tampering with the evidence/witnesses is remote. Counsel for the applicant fairly submits that applicant does not bear any criminal record. 2 Applicant who is young/middle aged/able bodied responsible citizen undertakes to become corona warrior for social cause looking to the Covid-19 Pandemic situation. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He further undertakes to not to involve in any criminal activity. He further undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. On these grounds, prayer for bail has been made.
Counsel for the State opposed the prayer and prays for dismissal of bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
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In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, 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 the Covid-19. 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 lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions 4 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
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 SHO 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 for information.
8. Applicant shall deposit Rs.7500/- within a month 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 from the date of passing of this order.
9. The applicant through his counsel undertakes that applicant shall register himself with the District Magistrate 5 concerned [Ashoknagar] as "Covid-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to applicant of Covid-19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions.
The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the applicant shall rise to the occasion to serve the society in this time of crises to discharge his fundamental duty of rendering national service when called upon to do so, as per Article 51-A(d) of the Constitution.
Registry is directed to communicate about the passing of this order to the concerned District Magistrate for compliance.
The District Magistrate concerned is directed to intimate this Court in case condition No.9 is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate bench as PUD.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Ashish* Judge
ASHISH
CHAURASIA
2020.06.11
10:27:30
+05'30'