Madhya Pradesh High Court
Ram Singh vs The State Of Mp. on 23 July, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
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The High Court Of Madhya Pradesh
MCRC-33892-2021
(RAM SINGH Vs THE STATE OF MP.)
Gwalior, Dated : 23/07/2021
Heard through Video Conferencing.
Shri Vibhor Kumar Sahu, learned counsel for the applicant.
Smt. Abha Mishra, learned Public Prosecutor for the
respondent/State.
I.A.No.20195/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.
This is the first bail application under section 439 of CrPC filed by the applicant for grant of bail.
The applicant has been arrested on 17/06/2021 in connection with Crime No.400/2021 registered at Police Station Aron, District Guna for offence under Sections 34(2) of M.P. Excise Act.
It is submitted by learned counsel for applicant- Ram Singh that the applicant has not committed any offence. He has falsely been implicated. He is in custody since 17/06/2021. As per prosecution story, 60 bulk liters illicit liquor has been recovered from the possession of the present applicant. Investigation and 2 The High Court Of Madhya Pradesh MCRC-33892-2021 (RAM SINGH Vs THE STATE OF MP.) trial will take its own time. It is also submitted that in case of grant of bail, in addition to the conditions imposed by this Court, applicant is ready and willing to deposit a sum of Rs.1,000/- in the High Court Legal Aid Services Authority, Gwalior which shall be utilized towards, providing masks, sanitizer etc. to the general public to prevent the spread of Covid-19 infection. Hence, prayed for grant of bail to the applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Per contra, learned State counsel opposed the bail application and has submitted that the case is registered under Section 34(2) of Excise Act and 60 bulk liters illicit liquor has been seized from the possession of present applicant. There are five criminal antecedents against the present applicant. Considering the gravity of offence along-with the fact that the aforesaid cases were registered earlier. Hence, prayed to reject the bail application.
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The High Court Of Madhya Pradesh MCRC-33892-2021 (RAM SINGH Vs THE STATE OF MP.) Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.
Considering the facts and circumstances of this case, the applicant is in custody since 17/06/2021, without commenting on the merits of this case, the application is allowed and 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 to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning 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 4 The High Court Of Madhya Pradesh MCRC-33892-2021 (RAM SINGH Vs THE STATE OF MP.) 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 send 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/s :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge himself/herself/themselves 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, as the case may be;
4. The applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order shall 5 The High Court Of Madhya Pradesh MCRC-33892-2021 (RAM SINGH Vs THE STATE OF MP.) stand cancelled automatically;
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.
8. As submitted by learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.1,000/- (Rs. One Thousand Only) with the Secretary, High Court Legal Aid Services Authority, Gwalior, which shall be utilized for purchasing and supplying masks, sanitizer etc. to District Court, Guna for distribution among the general public to prevent the spread of COVID- 19 infection.
Application stands allowed and disposed of. 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.
(Rajeev Kumar Shrivastava) Judge Monika Digitally signed by MONIKA SHARMA MONIKA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, SHARMA st=Madhya Pradesh, 2.5.4.20=1cbbae26c87c00013f5046748 e62527c7ddf7dd9146694af9eed96f47 a359612, cn=MONIKA SHARMA Date: 2021.07.24 11:29:45 +05'30'