Devendra Singh Gujrar vs The State Of Madhya Pradesh on 1 October, 2020

[Cites 6, Cited by 1]

Madhya Pradesh High Court

Devendra Singh Gujrar vs The State Of Madhya Pradesh on 1 October, 2020

The applicants have filed this first application under Section 439 of Cr.P.C for grant of bail, who have been arrested and are in custody since 30-07-2020, in connection with Crime No.301/2020, registered at Police Station Jhansi Road District Gwalior for the offence punishable under Section 379 of IPC, Sections 41/52 of Indian Forest Act, 1927, Section 21(4) Minor Mineral (Development) Regulation Act, Sections 18(1) and 18(2) of M.P. Minor Mineral Rules, Section 247(7) of MPLRC and Sections 27, 29, 50,51 and 52 of Wildlife (Protection) Act 1972.

It is the submission of learned counsel for the applicants that false case has been registered against them and they are suffering confinement since 30-07-2020 whereas charge-sheet has already been filed recently. It is further submitted that the applicants shall not involve in criminal activities in future specifically shall not repeat same nature of offence in future. Confinement amounts to pretrial detention. Both the applicants learnt the lesson hard way and they would try to mend their ways and would try to become better citizens. They undertake to cooperate in trial and to appear before the trial court as and when required and further undertake that they would not THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.35894/2020 be source of harassment and embarrassment to the complainant party in any manner. They further undertake to abide by all the terms and conditions of guidelines, 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. Applicants further undertake to perform community service to purge their misdeeds, if any and to serve National /Environmental/Social cause on their own volition.

Counsel for the State opposed the prayer and prayed for rejection of prayer of temporary bail.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicants deserve to be released on bail.

Considering the period of custody and the fact that charge- sheet has already been filed as well as looking to the COVID-19 pandemic situation, without commenting on the merits of the case, it is hereby directed that the applicants shall be released on bail, on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each along with one solvent surety each of like amount to the satisfaction of trial Court and that they will have to THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.35894/2020 install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, their preliminary Corona Virus test shall be conducted and if they are found negative, then they be released and if they are found positive then they shall be immediately sent to concerned hospital for their treatment as per medical norms. After release, the applicants shall strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have violated any of the instructions of the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and Police Authorities shall immediately take them in custody and would sent them to the same jail from where they were released.

This order will remain operative subject to compliance of the following conditions by the applicants :-

1.The applicants will comply with all the terms and conditions of the bond executed by them;

2. The applicants will cooperate in the investigation/trial, as the case may be;

3. The applicants will not indulge 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;

THE HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.35894/2020

4. The applicants shall not commit an offence similar to the offence of which they are accused;

5. The applicants will not be source of embarrassment or harassment to the complainant party in any manner and applicants will not seek unnecessary adjournments during the trial;

6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. Applicants shall not commit same nature of offence regarding illegal transportation of sand.

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THE HIGH COURT OF MADHYA PRADESH 5 M.Cr.C. No.35894/2020 vuqikyu ds ckjs esa vkosndx.k }kjk fn[kkbZ xbZ fdlh Hkh ykijokgh dks utj vankt ugh dj ldrk gSA blfy, vkosndx.k dks isM+ksa dh çxfr vkSj vkosnd }kjk vuqikyu ds lac/a k esa ,d fjiksVZ çLrqr djus ds fy, funZsf'kr fd;k tkrk gS ,oa vkonsd }kjk fd;s x;s vuqikyu dh ,d la{kfIr fjiskVZ bl U;k;ky; ds le{k izR;sd rhu ekg esa ¼vxys N% eghuksa ds fy,½ j[kh tk;sxh ftls fd ^^funsZ'k^^ 'kh"kZ ds varxZr j[kk tk,xkA o`{kkjksi.k esa ;k isM+ksa dh ns[kHkky esa vkosnd dh vksj ls dh xbZ dksbZ Hkh pwd vkosndx.k dks tekur dk ykHk ysus ls oafpr dj ldrh gSA vkosndx.k dks viuh ilan ds LFkku ij bu ikS/kksa@isMksa dks jksius dh Lora=rk gksxh] ;fn og bu jksis x;s isMksa dh Vªh xkMZ ;k ckM+ yxkdj j{kk djuk pkgrk gS] rks os vius Loa; ds O;; ij ;g djus ds fy;s Lora= gksxkA bl U;k;ky; }kjk ;g funsZ'k ,d ijh{k.k izdj.k ds rkSj ij fn, x, gSa rkfd fgalk vkSj cqjkbZ ds fopkj dk izfrdkj] l`tu ,oa izd`fr ds lkFk ,dkdkj gksus ds ek/;e ls lkeaktL; LFkkfir fd;k tk ldsA orZeku esa ekuo vfLrRo ds vko';d vax ds :i esa n;k] lsok] izse ,oaa d:a.kk dh izd`fr dks fodflr djus dh vko';drk gS D;ksafd ;g ekuo thou dh ewyHkwr izo`fr;ka gSa vkSj ekuo vfLrRo dks cuk, j[kus ds fy, budk iquthZfor gksuk vko';d gSA ^^;g iz;kl dsoy ,d o`{k ds jksi.k dk iz'u u gksdj cfYd ,d fopkj ds vadqj.k dk gSA^^ ;g funsZ'k vkosnd ds }kjk Lor% O;Dr dh xbZ lkeqnkf;d lsok dh bPNk ds dkj.k fn;k x;k gS tks LoSfPNd gSA E- copy of this order be sent to the trial Court concerned for THE HIGH COURT OF MADHYA PRADESH 6 M.Cr.C. No.35894/2020 compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions. Application stands allowed and disposed of.

(Anand Pathak) Judge Anil*

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