Madhya Pradesh High Court
Pappu @ Vikash Kori vs The State Of Madhya Pradesh on 11 February, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 11th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 6595 of 2022
Between:-
PAPPU @ VIKASH KORI S/O SHRI CHAMAN LAL
KORI , AGED ABOUT 18 YEARS, OCCUPATION:
LABOUR R/O GURUNANAK WARD PANAGHAR
THANA PANAGHAR DISTRICT JABALPUR M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.B.GAUTAM, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
AARKSHI KENDRA PANAGHAR DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.K.SHRIVASTAVA, GOVT. ADVOCATE)
(Heard through Video Conferencing)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 19.11.2021 by Police Station Panagar District Jabalpur in connection with Crime No.1096/2021 for the offence punishable under Section 392 of Indian Penal Code.
It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. The charge sheet has been filed on 25.01.2022 and the investigation is over. It is alleged that there is recovery of Rs.1,000/- from the present applicant. It is submitted that the applicant has been identified in the Test Identification Parade. As the charge sheet has been filed in the matter, therefore, there is no further requirement of the custodial interrogation of the applicant. The applicant is the first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.14 14:56:05 IST application. On these grounds, he prays for grant of bail.
2Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that the applicant has been identified in the Test Identification Parade, but he could not dispute the fact that the applicant is the first offender as per the record of the case diary.
Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. Subject to verification of the fact that the applicant is the first offender, the applicant be released on bail 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.
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.
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;
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;Signature Not Verified
SAN 5. The applicant will not seek unnecessary adjournments during the trial;
Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY6. The applicant will not leave India without previous permission of the trial Date: 2022.02.14 14:56:05 IST 3 Court/Investigating Officer, as the case may be;
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 disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified SAN Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.02.14 14:56:05 IST