Madhya Pradesh High Court
Dashrath Singh Rajput vs The State Of Madhya Pradesh on 11 November, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-43866-2021
The High Court Of Madhya Pradesh
MCRC No. 43866 of 2021
(DASHRATH SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-11-2021
Shri Saurabh Shrivastava, learned counsel for the applicant.
Shri Pankaj Raj, learned P.L. for the respondent/State.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 04.08.2021, in connection with Crime No.215/2021 registered at Crime Branch M.P. Nagar, Bhopal, District-Bhopal (M.P.) for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 120-B of the IPC.
As per prosecution case, present applicant connivance with other co-accused persons committed cheating and forgery by using the latterheads of the MPs & MLAs in transferring the government officers and employees.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Nothing incriminating material has been seized from the possession of present applicant. Applicant is aged about 44 years and working as typist in private typing shop. The applicant only made a transfer list at the behest of co-accused Ramprasad and Lakhanlal. The applicant has no previous criminal antecedent. Applicant has been made as an accused in the case only on the basis of memorandum statement of co-accused. There is no cogent or plausible material available on record against the applicant. There is no evidence to indicate that the applicant has attributed any role in the alleged offence. Applicant has not obtained any illegal amount from any other persons. Conclusion of trial will take time for final disposal. There is no probability of his absconding or tampering with the evidence of the 2 MCRC-43866-2021 prosecution. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per contra, learned counsel for the respondent/State opposes the said bail application submitting that all accused persons were very well involved in the alleged offences by using letterheads of MP & MLA.
Therefore, he is not entitled for grant of bail.
Considering the contention of both the parties and the fact that applicant has no previous criminal antecedent, he is aged about 44 years and is in custody since 04.08.2021, applicant has been made as an accused only on the basis of memorandum statement of co-accused, CPU, hard disk and color printer has been seized from the possession of present applicant, there is no material available on record on which it can be said that the applicant obtained any amount from any aggrieved person, conclusion of trial will take time for final disposal and also this fact that there is no probability of his absconding or tampering with the evidence of the prosecution witnesses, it is not appropriate to keep the applicant in jail whole the trial, but without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Dashrath Singh Rajput be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for her appearance before the trial Court on the dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme 3 MCRC-43866-2021 Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Vi r u s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE sp Digitally signed by SAVITRI PATEL Date: 2021.11.15 17:18:48 +05'30'