Shubham Yadav vs The State Of Madhya Pradesh on 15 March, 2022

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Madhya Pradesh High Court

Shubham Yadav vs The State Of Madhya Pradesh on 15 March, 2022

Bench: Vishal Mishra

                                                                         1
                                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                               ON THE 15th OF MARCH, 2022

                                                     MISC. CRIMINAL CASE No. 13329 of 2022

                                             Between:-
                                             SHUBHAM YADAV S/O SHRI BRIJMOHAN YADAV,
                                             AGED ABOUT 24 YEARS, OCCUPATION: LABOUR
                                             VILLAGE KALIPATHAAR P.S. RAHATGAR DIST.
                                             SAGAR MP (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                             (BY SHRI K.S. RAJPOOT, ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH THRO. POLICE
                                             STATION P.S. RAHATGAR DIST. SAGAR MP
                                             (MADHYA PRADESH)

                                                                                                      .....RESPONDENT
                                             (BY SHRI ALOK AGNIHOTRI, DEPUTY GOVT. ADVOCATE )

                                          This application coming on for admission this day, the court passed the
                                    following:
                                                                            ORDER

This is second repeat bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed on merits vide order dated 18.02.2022 passed in M.Cr.C.No.7525/2022.

The applicant has been arrested on 30.01.2022 by Police Station- Rahatgar, District-Sagar (M.P.) in connection with Crime No.425/2021 for the offence punishable under Section 34 (2) of M.P. Excise Act.

This repeat application has been filed on the ground that the charge-sheet has been filed in the matter and the applicant has been made accused only on the basis of memo of Section 27 of the Evidence Act of the other co-accused. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that applicant is a habitual offender having another case Signature Not Verified SAN registered under Section 34(2) of the Excise Act. Factum of filing of charge-sheet Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.16 18:28:53 IST is not disputed by the State counsel.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

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.

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 involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicant will not seek unnecessary adjournments during the trial;

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 concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Signature Not Verified SAN Public Prosecutor to send E-copy of this order to SHO of concerned police Digitally signed by SUSHEEL KUMAR JHARIYA station as well as Superintendent of Police concerned who shall inform the Date: 2022.03.16 18:28:53 IST 3 concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.16 18:28:53 IST

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