Pawan Kansana vs The State Of Madhya Pradesh on 28 May, 2021

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Madhya Pradesh High Court

Pawan Kansana vs The State Of Madhya Pradesh on 28 May, 2021

The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with Crime No.74/2018 registered in relation to the offences punishable under Sections 392 of IPC and Section 11/13 of MPDVPK Act.

It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. He is the first offender and is in custody since 1.4. 2021. He is ready to abide by all the terms and conditions that may be imposed by this Court. On these grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that investigation is pending in the matter and he has remained absconded for almost more than two years and recently been arrested on 1.4.2021. There is a recovery of purse from the present applicant. But he fairly submits that he is the first offender as per the case diary.

Heard the learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and looking to the present scenario of COVID 19 pandemic, but without commenting upon the merits of the case, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. The 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.25335/2021 (Pawan Kansana vs. State of M.P.) applicant is directed to be released on bail, subject to verification of the fact that he is the first offender, and on furnishing a personal bond in the sum 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 he 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 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 seek unnecessary adjournments during the trial; and 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.25335/2021 (Pawan Kansana vs. State of M.P.)

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

7. The applicant shall mark his attendance before the concerned police station in the first week of every month, till the completion of investigation and filing of charge sheet.

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his 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 as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

9. The applicant is directed to register himself as a COVID warrior before the Collector, district Gwalior and is directed to render his services in District Hospital, Gwalior for three months from the date of release under the supervision of Superintendent of District Hospital, Gwalior.

Application stands allowed and disposed of. 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. 4

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.25335/2021 (Pawan Kansana vs. State of M.P.) 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) V. JUDGE van SMT VANDANA VERMA 2021.05.28 19:25:08

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