Madhya Pradesh High Court
Raj Hans vs The State Of Madhya Pradesh on 5 September, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.31130/2020
(Raj Hans Vs. State of M.P. )
Gwalior, Dated:5.09.2020
Shri Prashant Sharma, learned counsel for the applicant.
Shri Shivam Savita, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this Fifth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 04.07.2019 by Police Station Crime Branch, District Gwalior in connection with Crime No.86/2019 registered for offence under Sections 420, 34 of IPC. Earlier applications have been dismissed as withdrawn.
It is the submission of learned counsel for the applicant that applicant is in confinement since 04.07.2019 and star/material prosecution witnesses have been examined. It was his first stint with crime and he learnt the lesson hard way and would mend his ways and would not involve in any criminal activity in future and would become a better citizen. Beside that, it is further submitted that the main kingpin of the case is Ashok Kumar who called the bank manager for transfer of fund. Said Ashok Kumar is still at large and has not arrested yet. Applicant was only a stooge and 2 looking to the period of custody since 04.07.2019, his case be considered sympathetically especially in the challenging period of Covid-19. He undertakes to cooperate in the trial and would not be a source of embarrassment and harassment to the complainant party in any manner. He undertakes to install Arogya Setu App. Accordingly, prayer for bail has been made.
Counsel for the State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts of the case and in view of the Covid- 19 pandemic situation cumulatively, this Court is of the opinion that without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One lac only) with one solvent surety of the like amount to the satisfaction of trial Court and he will have to install Arogya Setu App.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, 3 then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned 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 sent 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:-
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 may be;
3. The applicant will not indulge himself in extending 4 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall regularly appear in the trial Court and shall 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.
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
8. The applicant shall appear before the Police Station, Crime Branch Gwalior to mark his presence on first and second day of every month between 10.30 am to 2 pm, so that Crime Branch can keep track of the applicant.
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.
(Anand Pathak)
ms/- Judge
MADHU
Digitally signed by MADHU SOODAN
PRASAD
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
SOODAN
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=d6b55bd7b8b095e45b0d58a876e PRASAD 9dd057f98aa4a26968acc4ea58035d05b008 4, cn=MADHU SOODAN PRASAD Date: 2020.09.07 12:05:50 -07'00'