Madhya Pradesh High Court
Samrath Singh vs The State Of Madhya Pradesh on 27 June, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.15930/2020
(Samrath Singh Bhadoriya Vs. State of M.P.)
Gwalior, Dated:-5/06/2020
Shri B.K. Sharma, learned counsel for the applicant.
Shri Ravindra Singh, learned Deputy Advocate General for the
respondent/State.
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 counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Heard the learned counsel for the parties.
The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has an apprehension of his arrest in connection with Crime No.327/2019 registered at Police Station Mehgaon, District Bhind for the offences punishable under Sections 498-A, 306 of IPC.
It is submitted by the counsel for the applicant that the applicant is brother-in-law of the deceased and there are omnibus allegation against all the accused persons. The husband of the deceased is in custody. Mother-in-law and father-in-law of the deceased have been enlarged on bail under section 439 of Cr.P.C. It is 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.) submitted by the learned counsel for the applicant that the applicant is separate living and he is staying at Gujrat and working at Gujrat since last more than five years. Documents pertaining to the same i.e. the receipt of the gas connection, vehicle registration card, Contractor/employer certificate given to the effect that he is working at Gujrat since last more than five years, is being filed along with the application. It is submitted that he is ready to abide by all the terms and conditions that may be imposed by this Court. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.10,000/- towards the PM Cares Fund. There is no possibility of their absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of anticipatory bail to the applicant.
Per contra, learned counsel for the State has opposed the application for grant of anticipatory bail stating that the other applications have been considered and allowed under section 439 of Cr.P.C. and the case of the present applicant is not on different footing. It is further submitted that he is still absconding in the matter and charge-sheet has been filed under section 299 of Cr.P.C. He has prayed for dismissal of the application.
The Hon'ble Supreme by order dated 23.03.2020 passed in the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.) case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :-
"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as,
(ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.) with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate." Considering the overall facts and circumstances of the case and also the fact that the applicant has shown his separate living at Gujrat and has filed certain documents to the effect, this Court deems it appropriate to allow this application for grant of anticipatory bail.
Accordingly, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of Investigation Officer/trial court, as the case may be with submission of written undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.) Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and they will have to install Arogya Setu App, if not already installed.
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;
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 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. 6
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.)
7. The applicants shall deposit Rs.10,000/- 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 days from today.
8. The applicant is also directed to mark his presence as per the directions issued by the concerning trial Court and in case of violation of any of the terms and conditions the bail granted by this Court shall stand rejected automatically.
9. 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 as well as concerned who shall inform the concerned SHO regarding the same.
Applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he reside. Applicant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.15930/2020 (Samrath Singh Bhadoriya Vs. State of M.P.) E- copy of this order be provided to the applicant 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.
Application stands allowed and disposed of.
(Vishal Mishra) Judge Pawar* ASHISH PAWAR 2020.06.27 18:12:01 +05'30'