Madhya Pradesh High Court
Dharmendra Vishwakarma vs The State Of Madhya Pradesh on 23 October, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc 48196/2021
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.48196/2021
(Dharmendra Vishwakarma Vs. State of M.P.)
Jabalpur Dt. 23.10.2021
Shri Anurag Shivhare, learned counsel for petitioner.
Shri Kamlesh Dwivedi, learned Panel Lawyer for respondent-State.
Case diary is perused.
Learned counsel for the rival parties are heard. This is fifth repeat application u/S.439 of the Cr.P.C. filed by petitioner for grant of bail after rejection of earlier one which was dismissed on merits on 03.05.2021 with liberty to come again after examination of injured.
The petitioner has been arrested on 10.03.2020 by Police Station Koter, Disrict Satna (M.P.) in connection with crime No.46/2020 registered in relation to the offence punishable u/S.458, 307 and 324 of IPC.
Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
New ground raised in the present repeat bail application which relates to offence of attempt to murder is that main prosecution witnesses from PW-1 to PW-7 including the injured have been examined before the Court.
In view of above, release of petitioner, who is in custody since 10.03.2020, will not be at the risk of influencing the prosecution case. Petitioner has no criminal antecedents.
In view of above and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an 2 Mcrc 48196/2021 anathema to the concept of liberty and the material placed on record does not disclose possibility of petitioner fleeing from justice, this Court is inclined to extend benefit of bail to the petitioner .
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that Petitioner-Dharmendra Vishwakarma be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the petitioner :-
1. The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the trial ;
3. The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.3 Mcrc 48196/2021
8. If petitioner is found in close vicinity of the victim or her family members then the victim will be free to seek cancellation of his bail.
The Superintendent of Police, Bhind (M.P.) shall ensure proper protection to be given to the victim under the Witness Protection Scheme, 2018, formulated by the Supreme Court in the case of "Mahender Chawla & Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to the Superintendent of Police, Bhind (M.P.) for compliance.
The Station House Officer of the concerned Police Station is directed as follows:
1. The Station House Officer shall inform the victim about the release of petitioner on bail and shall also supply a copy of this bail order to the victim.
2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.
3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.
4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.
lacaf/kr iqfyl Fkkus ds Fkkuk izHkkjh dks fuEukuqlkj vknsf'kr fd;k tkrk gS fd% 1- Fkkuk izHkkjh ihfM+r dks ;kfpdkdRkkZ ds tekur ij fjgkbZ ds rF; dks lwfpr djsxk rFkk tekur vkns'k dh ,d izfrfyfi Hkh miyC/k djk;sxkA 2- ;fn fdlh izdkj dk dksbZ vkns'k esa mfYyf[kr 'krksZa dk mYya?ku gksrk gS rks ihfM+r mDr rF; ds laca/k esa Fkkuk izHkkjh dks lwfpr djus ds fy, Lora= jgsxkA 4 Mcrc 48196/2021 3- ;fn fdlh izdkj dh ,slh f'kdk;r Fkkuk izHkkjh dks ihfM+r }kjk izkIr gksrh gS rks og rqjar bldh lwpuk bl jftLVªh dks miyC/k djk,xkA 4- tSlk fd mfYyf[kr gS] Fkkuk izHkkjh dh ,slh lwpuk izkfIr ds nkSjku jftLVªh ;g ekeyk rqjar ekUkuh; U;k;ky; ds le{k fn'kk funsZ'k ds rgr izLrqr djsxhA The Registry of this Court is directed to send a copy of this order to the Magistrate of the concerned district as well as to the concerned Station House Officer for information and compliance.
A copy of this order be sent to the court below for compliance.
C.c. as per rules.
(Sheel Nagu) Judge SS Digitally signed by SATEESH KUMAR SEN Date: 2021.10.23 16:55:22 +05'30'