Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 5 November, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.41115/2020
(Rambabu Vs. State of M.P.)
Gwalior Bench:Dated -05/11/2020
Shri Ranjeet Khanvilkar, learned counsel for the applicant.
Shri Vinay Kumar, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14-08- 2020 by Police Station Panihar, District Gwalior in connection with Crime No.163/2015 registered for offence punishable under Section 394 of IPC and Sections 11/13 of the MPDVPK Act. His earlier bail application was dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 14-08-2020 whereas charge-sheet likely to be filed soon. It is further submitted that more than two and half months passed in incarceration on false pretext. Story indicates an improbable event. It is highly improbable that a person from Morena shall come to Panihar, the place 60 kms. distant to steal goats. Applicant does not have tainted background. Confinement amounts to pretrial detention. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.41115/2020 (Rambabu Vs. State of M.P.) party and would cooperate in trial. He further undertakes to abide by all the terms and conditions of guidelines, 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. Thus, prayed for bail.
Counsel for the State opposed the prayer on the basis of criminal record of one more case pending against the applicant and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pandemic COVID-19, this Court is of the considered opinion that applicant deserves to be released on bail.
Considering the fact situation of the case and looking to the challenging time of COVID-19 pandemic, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.41115/2020 (Rambabu Vs. State of M.P.) This order will remain operative subject to compliance of the following conditions by the applicants :-
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and 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. Applicant shall not be source of harassment and embarrassment to the complainant party in any manner and shall not move in their vicinity.
HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.41115/2020 (Rambabu Vs. State of M.P.) 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. Application stands allowed and disposed of.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya
CHAURASI Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d0 68b51dae27e84c266b09d283f0799e6 YA 7cdc7df50f, cn=ANIL KUMAR CHAURASIYA Date: 2020.11.06 07:46:55 -08'00'