Manvendra Singh Gurjar vs The State Of Madhya Pradesh on 8 April, 2021

[Cites 12, Cited by 36]

Madhya Pradesh High Court

Manvendra Singh Gurjar vs The State Of Madhya Pradesh on 8 April, 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 Indargarh, District Datia in connection with Crime No.392/2019 registered in relation to the offence punishable under Sections 302, 307, 147, 148, 149, 396, 397 of IPC and Section 11/13 of MPDVPK Act.

It is alleged that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. On the application being made by the applicant an inquiry was got conducted by the SDO(P) under the instructions of Superintendent of Police, District Datia and the report has been submitted on 31.01.2020 wherein the learned SDO(P) after inquiring into the matter has found that the presence of the present applicant was not found at the place of incident at the time of commission of offence rather his presence was at Darpan Colony Gwalior. The report was forwarded to the Superintendent of Police, District Datia. He submits that the applicant is in custody since 18.02.2021 and is ready to cooperate in the investigation. As the inquiry was pending consideration with the police authorities, therefore, he has not surrendered. After the completion of inquiry, when the police authorities have not filed any closure report against the present applicant 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18573/2021 (Manvendra Singh Gurjar vs. State of M.P.) he has surrendered because 82 Cr.P.C. proceedings were initiated by the police authorities against the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court and shown his willingness to render his services during this COVID pandemic 19 for the help of the needy.

Per contra, counsel for the State has vehemently opposed the application stating that the incident is said to have taken place in the year 2019 and he has remained absconded for almost two years and has not cooperated in the investigation, but no justification with respect to the inquiry conducted by the SDO(P) Indargarh, District Datia and the report submitted on 31.01.2020 to the Superintendent of Police, District Datia could be given by the State counsel. He could only submit that the same is not part of the case diary. From the perusal of the inquiry report, it is seen that the report has been obtained under the RTI and is placed before this Court along with the application. The report clearly discloses that the applicant was not present at the place of commission of offence. He is neither named in the FIR and no specific role is attributed to the present applicant by any of the accused persons. Counsel for the State has argued that subsequently the statements of Posham Singh and Vikram Singh were recorded who were taken the name of the present applicant in commission of the offence. Investigation is pending in the matter. He has prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and also the fact that the SDO(P) has submitted a report in favour of the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18573/2021 (Manvendra Singh Gurjar vs. State of M.P.) applicant that he was not present at the place of commission of offence and no specific role is attributed to the present applicant even as per the statements recorded of the prosecution witnesses, this Court deems it appropriate to allow this application.

Accordingly, the application is allowed. The applicant is directed to be released on bail 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;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18573/2021 (Manvendra Singh Gurjar vs. State of M.P.)

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

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 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.

8. 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.

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.

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 5 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18573/2021 (Manvendra Singh Gurjar vs. State of M.P.) clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

(VISHAL MISHRA) JUDGE van SMT VANDANA VERMA 2021.04.09 12:16:56

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