Madhya Pradesh High Court
Jitendra Tank vs The State Of Madhya Pradesh on 27 January, 2022
Author: Chief Justice
Bench: Ravi Malimath
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
ON THE 27th OF JANUARY, 2022
MISCELLANEOUS CRIMINAL CASE No. 2648 of 2022
Between:-
JITENDRA TANK S/O SHRI NAGESHWAR
TANK, AGED ABOUT 31 YEARS, OCCUPATION:
CONSTABLE, R/O MIG 61 AMRIT SAGAR
C O L O N Y RATLAM POLICE STATION
DEENDAYAL NAGAR RATLAM DISTRICT
R A T L A M MADHYA PRADESH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI ANIL KHARE, SENIOR ADVOCATE WITH MS. TANVI
KHRE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION STF DISTRICT BHOPAL
(M.P) (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI B.D. SINGH, GOVERNMENT ADVOCATE )
(Heard through Video Conferencing)
This appeal coming on for orders this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This is first bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant- Jitendra Tank. The case of the prosecution is that an F.I.R. was lodged against the applicant in connection with Crime No.55 of 2021, registered at Police Station STF, District Bhopal (M.P.) for offences punishable under Sections 419, 420, 467, 468, 471, 120 B of the I.P.C. As a consequence whereof he was arrested on 28.12.2021. The interrogation is in progress.
T he plea of the applicant is that he would make himself available in order to assist the prosecution whenever it is required. That his continued custody with the police is unwarranted. The same is disputed by the learned 2 Government Advocate. He contends that there is a prima facie case made out against him and hence he is not entitled for bail.
On hearing the learned counsels, we are of the considered view that it is a fit case where bail should be granted. Even though the investigation is still in progress, there is no apprehension by the prosecution that the applicant is likely to flee or he would not make himself available at the time of investigation. Therefore, we do not find any ground to keep the applicant in custody till the trial is over.
Consequently, the application is allowed and the applicant- Jitendra Tank is directed to be released on bail on the following conditions:-
(i) Applicant- Jitendra Tank shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent local surety or blood relative for the like amount to the satisfaction of the trial Court for his regular appearance during the trial in the aforesaid case;
(ii) He shall not tamper with the prosecution witnesses and shall make himself available to the prosecution as and when required. The applicant shall also comply with the conditions enumerated under sub-section (3) of Section 437 of Cr.P.C. meticulously;
(iii) The Jail Authority is also directed to ensure that the applicant is examined by the Jail Doctor for Covid-19 before his release. In case, the Jail Doctor is of the opinion that the applicant can be released, all precautionary protocol prescribed from time to time by the Supreme Court, the Central Government and as well as by the State Government during release, travel and residence of the applicant during the period of bail be also strictly adhered to.
The bail application stands disposed off accordingly.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
MSP
Digitally signed by MANVENDRA SINGH
PARIHAR
Date: 2022.01.27 18:05:16 +05'30'