Madhya Pradesh High Court
Kailash Ahirwar vs The State Of Madhya Pradesh on 22 May, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.332/2020
( Kailash Ahirwar Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 22/05/2020
Shri Ashish Singh Jadoun, learned counsel for the applicant.
Shri Anoop Nigam, learned Panel Lawyer for the respondent-
State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this third application u/S. 439 Cr.P.C. for grant of bail. Earlier first bail application was dismissed on merit vide order dated 02/04/2019 passed in M.Cr.C No. 51412/2018 and second bail application was dismissed as withdrawn vide order dated 04/10/2019 passed in M.Cr.C. No.32429/2019.
The applicant has been arrested by Police Station- Civil Line District Vidisha (M.P.) in connection with Crime No.804/2018 registered in relation to the offences punishable under Sections 420 and 409 of the IPC.
Allegations against the applicant in short are that while working as Computer Operator in the Consumer Services Centre attached with HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.332/2020 ( Kailash Ahirwar Vs. The State of Madhya Pradesh ) (2) the State Bank of India, he misappropriated the amount of complainant as well as 33 others persons thereby cheating the customers. On the aforesaid basis crime has been registered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 03/11/2018. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. The offence is triable by the JMFC. In all 33 persons have been examined but remaining witnesses could not be examined due to lockdown. Conclusion of the trial will take time and applicant has no criminal antecedents. Counsel for the applicant further submits that contract was not awarded to the present applicant therefore there is no question of thumb impression . Counsel for the applicant submitted that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. He is a permanent resident of Vidisha (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence, if released on bail. On these grounds, applicant prays for grant of bail.
Learned Panel Lawyer opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. He further submits that the applicant has cheated 33 persons and more than Rs. 10,00,000/- have been siphoned of by the applicant. The HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.332/2020 ( Kailash Ahirwar Vs. The State of Madhya Pradesh ) (3) Kiosk machine can not be operated without the thumb impression of the applicant and as such there is no possibility of false implication. If the applicant is released on bail, there is every likelihood of him tampering with the evidence. On these grounds prays for rejection of the application.
At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) with Collector, Vidisha (M.P.) for utilization in preparation of food and its distribution to downtrodden persons including migrant labours, by any Government Agency/NGO in and around city of Vidisha(M.P.) .
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.332/2020 ( Kailash Ahirwar Vs. The State of Madhya Pradesh ) (4) It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) with Collector Vidisha (M.P.) and obtain receipt. The office of Collector shall maintain a separate account (for production of the record as and when directed for) and utilize the amount so deposited for disbursement of food packets to the downtrodden people including migrant labours in and around the city of Vidisha(M.P.) by any Government Agency/NGO. The applicant shall submit an attested photocopy of the receipt before the concerning Court, for placing the same on record of this case.
The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.332/2020 ( Kailash Ahirwar Vs. The State of Madhya Pradesh ) (5) as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. Certified copy/e- copy as per rules/directions.
(S.A.Dharmadhikari) Judge Prachi* Digitally signed by PRACHI MISHRA PRACHI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, MISHRA st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b 1afcb367afdaf978aea111b1ff29eae 55fd213bc09, cn=PRACHI MISHRA Date: 2020.05.23 11:48:49 +05'30'