Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 3 May, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.20604/2021
(Raju vs. State of M.P.)
Gwalior, Dated: 3/5/2021
Heard through video conferencing.
Shri V. K. Sahu, learned counsel for the applicant.
Shri Sangam Jain, learned Public Prosecutor for the respondent-
State.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 21/3/2021 in connection with Crime No.83/2021 registered at Police Station Piprai, District Ashoknagar (M.P.) for offence under Section 34 (2) of the Excise Act.
It is submitted by the counsel for the applicant- Raju that the applicant has not committed any offence. He has been falsely implicated. The applicant is aged around 22 years and is in custody since 21/3/2021. It is further submitted that 66 bulk liters illicit liquor has been seized from the possession of the present applicant is false. Investigation and trial will take its own time. He is the only bread- winner in his family and his incarceration has adversely affected the financial condition of his family. He is ready and willing to abide by any condition which may be imposed by this Court. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail to the applicant.
02 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.20604/2021 (Raju vs. State of M.P.) Per contra, learned State counsel has objected the submissions made on behalf of the applicant and prays for dismissal of the bail application.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the fact that now investigation is complete and charge-sheet has been filed and trial will take its own time, without commenting on merits of the 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 of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her 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/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then 03 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.20604/2021 (Raju vs. State of M.P.) he/she 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/her in custody and would send him/her to the same jail from where he/she 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 of the bond executed by him/her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself/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, as the case may be;
04 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.20604/2021 (Raju vs. State of M.P.)
4. The applicant shall not commit an offence of which he is accused;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7 . The applicant will inform the SHO of concerned police station about his/her 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;
Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned for Compliance.
Certified copy/ e-copy as per rules/direction.
(Rajeev Kumar Shrivastava)
pwn* Judge
Pawan Kumar
2021.05.03
17:47:50
+05'30'