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Madhya Pradesh High Court

Ganesh @ Sonu Sahu vs The State Of Madhya Pradesh on 27 October, 2021

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                          1                            MCRC-47614-2021
                                               The High Court Of Madhya Pradesh
                                                         MCRC-47614-2021
                                                      (GANESH @ SONU SAHU Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 27-10-2021
                                             Shri Sanjay Kumar Malviya, counsel for the applicant.

                                             Shri Harsh Gupta, Panel Lawyer for the respondent/State.

This is the first bail application under Section 439, Cr.P.C filed by the applicant for grant of bail.

The applicant is arrested on 14.09.2021 by Police of Station Station Parasiya, District Chhindwara in connection with Crime No.347/2021 for the offence punishable under Sections 294 and 386 of IPC and Sections 3 and 4 of M.P. Riniyon Ka Sanrakshan Adhiniyam.

The complainant has borrowed an amount of Rs.1 lac from the applicant. It is alleged that the applicant illegally recovered additional interest on the principal amount from the complainant.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is further argued that the applicant is a first offender and is ready to abide with all the conditions as may be imposed by this Court. It is further submitted that the investigation is over and charge-sheet has been filed in the matter on 27.09.2021. No custodial interrogation of the applicant is required. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court while considering his application for grant of bail. Upon these grounds, counsel for the applicants prayed for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application stating that there is specific allegations against the applicant regarding commission of offence. The complainant has categorically given a statement under Section 161 of Cr.P.C. against the present applicant. The factum of filing the charge-sheet and applicant being the first offender is not disputed by the State counsel.

Considering the over all facts and circumstances of the case as well as Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.28 09:35:53 IST 2 MCRC-47614-2021 looking to this Covid-19 Pandemic Scenario and the period of custody and also the fact that the applicant is a first offender having no criminal history, this application is allowed. The applicant be released on bail subject to verification of the fact that the applicant is a first offender having no criminal history and 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.

The applicant shall submit written undertaking that 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/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3. The applicant/s will not indulge themselves 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 Signature Not Verified SAN trial Court/Investigating Officer, as the case may be.

3 MCRC-47614-2021 7 . If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;

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 Public Prosecutor 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.

Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in their mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant/s shall further submit the undertaking to the effect that they will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

I n view of the COVID-19, jail authorities are directed that before releasing the applicants, medical examination of applicants 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.

E-copy of this order be provided to the applicants 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.

CC as per rules.

(VISHAL MISHRA) JUDGE Signature Not Verified SAN taj Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.28 09:35:53 IST 4 MCRC-47614-2021 Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.28 09:35:53 IST