Manoj Kushwah vs The State Of Madhya Pradesh on 9 June, 2021

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Madhya Pradesh High Court

Manoj Kushwah vs The State Of Madhya Pradesh on 9 June, 2021

Bench: Vishal Mishra

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              HIGH COURT OF MADHYA PRADESH
                        MCRC.No.25479/2021
              (Manoj Kushwaha Vs. The State of M.P.)

Gwalior, Dated : 09.06.2021

      Shri Sushil Goswami, learned counsel for the applicant.

      Shri Naval Kishore Gupta, learned Govt. Advocate for the State.

      Heard through Video Conferencing.

      The applicant has filed this first application u/S.439 Cr.P.C. for

grant of bail. The applicant has been arrested on 17.03.2021 by Police

Station Kotwali, Datia, District Datia (M.P.) in connection with Crime

No.498/2020 registered in relation to the offence punishable u/S. 34 (2)

of the Excise Act.

      It is alleged by the counsel for the applicant that the applicant

has already been acquitted in three cases for the offence under Sections

302 of IPC, 25/27 of Arms Act and Sections 294, 336 of IPC. The

remaining cases are pending consideration in which the applicant is

already on bail. It is argued that he has been implicated only on the

basis of memo of the co-accused under Section 27 of the Evidence Act

and the co-accused Dinesh Goswami has already been enlarged on bail

by this Court vide order dated 05.04.2021 in M.Cr.C.No.16743/2021.

The applicant is in custody since 17.03.2021 and he is ready to abide

by all the terms and conditions that may be imposed by this Court

while considering the application for grant of bail. There is no

possibility of his absconding or tampering with the prosecution case.

Looking to the present scenario of Covid-19, learned counsel for the
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               HIGH COURT OF MADHYA PRADESH
                         MCRC.No.25479/2021
               (Manoj Kushwaha Vs. The State of M.P.)

applicant prays for grant of bail to the applicant.

      Per contra, learned Govt. Advocate for the State has opposed the

bail application stating that the applicant is having criminal history of

seven cases.

      Considering the overall facts and circumstances of the case and

looking to the present scenario of Covid-19, this Court deems it

appropriate to allow this application.

      The application is allowed. The applicant is directed to be

released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of the Investigation Officer/trial Court as the case may be

with submission of written undertaking and the applicant will abide by

all terms and conditions of the different circulars, orders as well as

guidelines issued by the Central Government, State Government as

well as Local Administration for maintaining social distancing, hygiene

etc to avoid Novel Corona Virus (COVID -19) pandemic and he 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 3 HIGH COURT OF MADHYA PRADESH MCRC.No.25479/2021 (Manoj Kushwaha Vs. The State of M.P.) 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 move in the vicinity of complainant party and the 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.

7. In case of involvement of the present applicant in any other offence, the benefit of bail granted by this Court shall stand cancelled automatically.

8. The applicant will inform the concerned S.H.O. of concerned Police Station about him residential address in the said area and it would be the duty of the Govt. Advocate to send copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed.

HIGH COURT OF MADHYA PRADESH MCRC.No.25479/2021 (Manoj Kushwaha Vs. The State of M.P.) In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

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.




                                                            (Vishal Mishra)
AK/-                                                            Judge
       ANAND KUMAR
       2021.06.10
       11:29:49 +05'30'

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