Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 13 September, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
The High Court Of Madhya Pradesh
MCRC-43809-2021
(NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:-13/09/2021
Shri Vipin Babu Sharma, learned counsel for the applicant.
Shri Sangam Jain, learned Public Prosecutor for the
respondent/State.
I.A.No.26240/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 13/11/2019 in connection with Crime No.417/2019 registered at Police Station Dehat, Basouda, District Vidisha (M.P.) for offence under Sections 34(2) of Excise Act.
It is submitted by learned counsel for applicant- Neeraj Sharma that the applicant has not committed any offence. He has falsely been implicated. He is in custody since 13/11/2019. As per prosecution story, 56.7 bulk liters illicit liquor has been recovered from the possession of present applicant. Investigation and trial will take its own time. It is also submitted that co-accused-Umkar Singh of this case has already been granted bail by co-ordinate Bench of this Court vide order dated 18/12/2019 passed in M.Cr.C.No.52022/2019. The present applicant is on same footing with the co-accused. Hence, on the basis of parity, prayed for grant 2 The High Court Of Madhya Pradesh MCRC-43809-2021 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) of bail to the applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Per contra, learned State counsel opposed the bail application and has submitted that 56.7 bulk liters liquor has been seized from the possession of present applicant. In case of grant of bail to the applicant, the prosecution case will be adversely affected. Hence, prayed to reject the bail application.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the facts and circumstances of this case, co- accused of this case has already been granted bail by this Court, without commenting upon the merits of this case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
In view of COVID-19 pandemic, the jail authorities are 3 The High Court Of Madhya Pradesh MCRC-43809-2021 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH) directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.
This order will remain operative subject to compliance of the following conditions by the applicant/s :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be; 4
The High Court Of Madhya Pradesh MCRC-43809-2021 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
3. The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order shall stand cancelled automatically;
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information. Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava)
Judge
Monika
Digitally signed by MONIKA SHARMA
DN: c=IN, o=HIGH COURT OF
MONIKA MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
SHARMA
st=Madhya Pradesh,
2.5.4.20=1cbbae26c87c00013f50467
48e62527c7ddf7dd9146694af9eed96
f47a359612, cn=MONIKA SHARMA
Date: 2021.09.14 11:21:02 +05'30'