Madhya Pradesh High Court
Kumher Singh Gurjar vs State Of Mp on 24 November, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
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THE HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-43282-2020
(Kumher Singh Gurjar Vs. State of M.P.)
Gwalior, Dated : 24/11/2020
Shri J.P. Kushwah, learned counsel for the applicant.
Shri Rohit Mishra, learned Additional Advocate General 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.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 10/11/2019 by Police Station- Ater, District- Bhind in connection with Crime No.138/2018 registered in relation to the offences punishable under Sections 399, 400, and 402 of IPC and Sections 11/13 of MPDVPK Act.
Allegation against the applicant, in short, is that the applicant along with other co-accused persons was found making preparation to commit dacoity. On the basis of aforesaid, crime has been registered against the applicant.
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-43282-2020 (Kumher Singh Gurjar Vs. State of M.P.) Learned counsel for the applicant submits that the applicant is aged about 44 years and he has been falsely implicated in the present case. The applicant has no concerned with the case directly or indirectly. Charge-sheet has been filed and no further custodial interrogation is required. It is also submitted by counsel for the applicant that the applicant has been implicated in the matter only on the basis of memorandum under Section 27 of Evidence Act, which has no evidentiary value. Co-accused have already been enlarged on bail by this Court vide orders dated 01/08/2018, 04/09/2018 and 31/12/2018 passed in MCRC Nos.30792/2018, 35988/2018 and 53014/2018. It is also submitted by the learned counsel for the applicant that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental and trial is also held up due to COVID-19. The applicant is in custody since 06/03/2020 and he is a permanent resident of District- Guna (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.
Learned Additional Advocate General for the State opposed the application and prayed for its rejection by contending that on the basis 3 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-43282-2020 (Kumher Singh Gurjar Vs. State of M.P.) of the allegations and the material available on record, no case for grant of bail is made out. It is also submitted by the learned counsel for the respondent/State that the applicant has criminal past alleged against him.
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) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all 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 4 THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-43282-2020 (Kumher Singh Gurjar Vs. State of M.P.) 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 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 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. 5
THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-43282-2020 (Kumher Singh Gurjar Vs. State of M.P.)
7. 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.
Learned Additional Advocate General 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 rahul RAHUL SINGH PARIHAR 2020.11.25 09:38:33 +05'30'