Shokin @ Rakesh Singh vs State Of M.P. on 22 February, 2021

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Madhya Pradesh High Court

Shokin @ Rakesh Singh vs State Of M.P. on 22 February, 2021

This is the first bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant. The applicant is in jail since 20.09.2020 in connection with Crime No.445/2020 registered at P.S., B.N.P. District Dewas for offence punishable under Section 420, 419, 381, 467, 468 and 471 r/W Sec 34 of IPC.

As per prosecution story,the complainant was grain merchant and has firm in the name styled as 'Indraprasth Food Limited' in Anaj Mandi No. 2 where co- accused Shubham was an employee. Applicant Shokin in collusion with the co- accused Shubham has presented a receipt bearing No. 079/2039 for payment of 1414 sacks of gram(chana)@ of Rs. 6465/- each before the complainant. On production of such receipt, cash amount of Rs. 1,03,762.70/- was paid to him by the complainant and for remaining amount, bank details were asked for payment through RTGS. The present applicant Shokin received the cash amount and without providing the bank details for payment through RTGS, had fled away. Upon verification of record, the complainant found that against the said receipt, entire quantity of food material was already supplied and payment was made to the party, therefore, there is nothing outstanding on his part. Accordingly he found himself to be cheated by the applicant and the co-accused Shubham for Rs. 1,03.762.70/-. Hence he has lodged FIR against the present applicant and the co-accused.

Investigation is complete and chargsheet has been filed. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. The applicant is in custody since 20.09.2020. Investigation is complete and challan has been filed. He is not required for further custodial investigation. Applicant is a young boy aged 21 years and in the company of hardened criminals, his future will be spoiled. He also submits that applicant has in fact deposited the entire amount of Rs. 1,03,762.70/- and the same has been received by the complainant from the Court. Looking to prevailing Covid-19 situation, trial is 2 MCRC-4463-2021 not likely to conclude early in the near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

Learned Panel Lawyer opposes the bail application, supporting the order impugned. However, in compliance of the Court order dated 09.02.2021, the aforesaid fact of deposit of Rs. 1,03,762.70/- has been verified by learned Panel Lawyer.

Upo n hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 20.09.2020 and about five months' period has passed by, investigation is complete and chargsheet has been filed, he is not required for custodial investigation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs. 2,00,000/- (Rupees two lakhs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i ) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required, be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

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(iv) on violation of conditions, State is free to apply for cancellation of bail.

(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically;

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE sh Digitally signed by SEHAR HASEEN SEHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH HASEE INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3 df7a32860bd3298415a4d1c2d 91436213f2568c8f27da, N serialNumber=e7dbba955b262 c04b8413251ce7fb6f0b7dba61 0c57f1559c08bf6c6f5dd40d4, cn=SEHAR HASEEN Date: 2021.02.23 13:14:36 +05'30'

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