Madhya Pradesh High Court
Mukesh Singh vs State Of Mp on 21 January, 2022
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
The High Court Of Madhya Pradesh
MCRC No. 1851 of 2022
(MUKESH SINGH Vs STATE OF MP)
Gwalior, Dated:-21/01/2022
Heard through Video Conferencing.
Shri Kuldeep Thapak, learned counsel for the applicant.
Smt. Abha Mishra, learned Public Prosecutor for the
respondent/State.
This is second application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 21/08/2020 in connection with Crime No.170/2019 registered at Police Station Saraychhola, District Morena (M.P.) for offence under Sections 307, 302, 147, 148, 149 and 294 of IPC and section 25/27 of Arms Act.
It is submitted by learned counsel for applicant- Mukesh Singh that this is second bail application. Earlier bail application was dismissed as withdrawn vide order dated 10/02/2021 passed in M.Cr.C.No.4967/2021 thereafter, the change circumstance is all the prosecution witnesses namely Dashrath Singh (PW-1), Jogendra @ Joga (PW-2), Raju (PW-3), Krishn Singh (PW-4), Mamta Devi (PW-
5), and Jitendra (PW-6) have been examined before the trial Court and they have not supported the prosecution case and they have turned hostile. It is further submitted that other co-accused persons namely Bhura Singh, Rambrij Singh, Ramveer Singh and Harendra Singh have already been granted bail by this Court vide orders dated 17/01/2022 passed in M.Cr.C.Nos. 2417/2022, 1811/2022, 1865/2022 and 2 The High Court Of Madhya Pradesh MCRC No. 1851 of 2022 (MUKESH SINGH Vs STATE OF MP) 1902/2022 respectively. The case of the present applicant is on same footing with the co-accused persons. It is also submitted that no other material witnesses is remained to be examined. The case is totally dependent upon direct evidence as cross cases were registered. Hence, on the basis of parity, learned counsel for the applicant prays for grant of bail to the applicant as trial will take long time to conclude. 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 the case is registered under Sections 307, 302, 147, 148, 149 and 294 of IPC and sections 25/27 of Arms Act. It is further submitted that there are 50 prosecution witnesses in the list of prosecution evidence, out of them only six witnesses have been examined, remaining witnesses are remained for the examination, as the case is of double murder. Considering the nature and gravity of offence, prayed to reject the bail application.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the 3 The High Court Of Madhya Pradesh MCRC No. 1851 of 2022 (MUKESH SINGH Vs STATE OF MP) applicant, co-accused persons have already been granted bail by this Court, without commenting upon the merits of the case, the application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the trial Court/ Committal Court for his regular appearance before the Court on the dates given by the concerned Court.
In view of COVID-19 pandemic, the jail authorities are 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. 4
The High Court Of Madhya Pradesh MCRC No. 1851 of 2022 (MUKESH SINGH Vs STATE OF MP) 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;
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 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 MONIKA SHARMA 2022.01.22 10:14:09 +05'30'