Madhya Pradesh High Court
Gaurav Tomar vs The State Of Madhya Pradesh on 10 March, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 MCRC-13217-2021
The High Court Of Madhya Pradesh
MCRC-13217-2021
(GAURAV TOMAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 10-03-2021
Shri Raj Bahadur Singh Tomar, Advocate for the applicant.
Shri Neeraj Dhamanya, Panel Lawyer for the respondent/State.
Case diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail.
T h e applicant has been arrested on 10.02.2021 by Police Station Ambah, District Morena (M.P.), in connection with Crime No.130/2021 registered in relation to the offence punishable under Sections 269, 272, 273, 420 of IPC.
Allegations against the applicant, in short, are that the applicant was found transporting the material i.e. 15 bags containing 25 kg. each of Deepak Brand Maltodextrin powder and six tins Palm oil etc. in his vehicle. On the basis of the aforesaid, crime has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is aged about 28 years and has been falsely implicated in the case. He is in custody since 10.02.2021. He has no criminal history. Investigation is pending. It is further submitted that the offence under Section 420 of IPC is not made out since he has not cheated any individual person. Moreover, the act of the applicant is only for transporting the aforesaid materials but he was not present in the said vehicle. Other offences are bailable in nature. It is also submitted that the co-accused Subhash Jain has already been enlarged on bail by this Court vide order dated 04.03.2021 passed in M.Cr.C. No.11032/2021. Counsel for the applicant further submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. The applicant is permanent resident of District Morena (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and 2 MCRC-13217-2021 he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.
Learned Panel Lawyer for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for rejection of bail application.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely- Gaurav Tomar be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 3 MCRC-13217-2021 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/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;
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.
A copy of this order be sent to the trial court concerned for compliance.
Certified copy as per rules.
(S. A. DHARMADHIKARI) JUDGE shanu* SHANU RAIKWAR 2021.03.10 17:17:59 -08'00'