Madhya Pradesh High Court
Deepu @ Deepak vs State Of Mp on 26 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.25322/2020
(Deepu alias Deepak Vs. State of M.P.)
Gwalior Bench:Dated -26/08/2020
Shri Rajiv Sharma, learned counsel for the applicant.
Shri Shohit Mishra, 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 09-06- 2020 by Police Station City Kotwali, District Morena in connection with Crime No.89/2019 registered for offence punishable under Section 392 of IPC and Section 11/13 of 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 His earlier bail application was dismissed as withdrawn.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 09-06-2020 and earlier charge-sheet was filed against the applicant under Section 299 of Cr.P.C. One co- accused Sundari also faced the implication and therefore, earlier charge-sheet was filed against the applicant as well as the said accused Sundari and trial Court recorded acquittal of Sundari in which complainant did not support the story of prosecution and declared hostile. Applicant is implicated on the basis of disclosure memo prepared under Section 27 of Indian Evidence Act. In such HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.25322/2020 (Deepu alias Deepak Vs. State of M.P.) circumstances chance of tampering with the evidence/witness is remote and no custodial interrogation is required. Learned counsel on the basis of instruction received from father of the applicant through affidvait submitted that only two criminal cases (Crime No.156/18 offence u/s323, 324, 294, 506 of IPC and Crime No.566/2015 offence u/s. 336, 294,506, 427, 34 of IPC) have been registered against the applicant. Confinement amounts to pretrial detention. Looking to the prevailing condition of COVID-19, he seeks bail on sympathetic grounds also. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party, in any manner and he shall not move in the vicinity of complainant party. 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. Applicant intends to perform community service and to serve the National cause voluntarily by contributing in Army Central Welfare Fund to purge his misdeed, if any.
HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.25322/2020 (Deepu alias Deepak Vs. State of M.P.) Counsel for the State opposed the prayer 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 facts situation and testing period of COVID -19 pandemic as well as the fact that no fruitful purpose would be served by keeping the applicant in custody, 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.1,00,000/- (Rupees One Lac only) alongwith one solvent surety of like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No.25322/2020 (Deepu alias Deepak Vs. State of M.P.) arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.
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;
HIGH COURT OF MADHYA PRADESH 5 M.Cr.C.No.25322/2020 (Deepu alias Deepak Vs. State of M.P.)
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 move in the vicinity of the complainant and would always cooperate in trial. He would not tamper the evidence and witnesses of the case, otherwise, this benefit of bail shall be withdrawn.
8. The applicant shall deposit Rs.5,000/- in favour of Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi within thirty days from the date of his release.
9. The applicant will inform the SHO of concerned police HIGH COURT OF MADHYA PRADESH 6 M.Cr.C.No.25322/2020 (Deepu alias Deepak Vs. State of M.P.) 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 for information.
Application stands allowed and disposed of. E- copy of this order be sent to the concerned trial Court for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURASIY st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d068b 51dae27e84c266b09d283f0799e67cdc7d A f50f, cn=ANIL KUMAR CHAURASIYA Date: 2020.08.27 07:51:00 -07'00'