Madhya Pradesh High Court
Kuber Singh @ Kumer Gurjar vs The State Of Madhya Pradesh on 25 November, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.46670/2020
( Kuber Singh @ Kumer Gurjar Vs The State of M.P. )
(1)
Gwalior, dated :25/11/2020
Shri Rajmani Bansal, learned counsel for the applicant.
Shri Sohit Mishra, learned Panel Lawyer for the respondent-
state.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
IA No. 22039/2020, an application for urgent hearing, is considered and allowed.
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.
The applicant has been arrested on 17/10/2020 by Police Station Jhansi Road District Gwalior (M.P.), in connection with Crime No. 462/2020 registered in relation to the offence punishable under sections 420, 467, 468 and 406 of the IPC.
Allegation against the applicant and co-accused Smt. Rajeshree is that they entered into an agreement with the complainant to sell an agricultural land belonging to the applicant and co-accused situated at Mauja Bhatkhedi Patwari Halka No. 77 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.46670/2020 ( Kuber Singh @ Kumer Gurjar Vs The State of M.P. ) (2) Mahalgaon Nagar Nigam Ward No. 7 Teh. and District Gwalior (M.P.) bearing Khasra No. 579/A, 574/03 and 575/03 area 0.926 Hectare for consideration of Rs. 1,78,000,00/- and applicant took a demand draft of Rs. Thirty Two Lacs as part payment. When the entire amount was not paid by the complainant to the applicant. Applicant decided to return the amount of Rs. Thirty Two Lacs for which they issued a cheque of Nagrik Sahkari Bank, Gwalior for amount of Rs. Thirty Two Lacs but on the presentation the cheque was bounced on the ground that cheque is outdated. As such the applicant and co-accused have cheated the complainant. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that applicant has falsely been implicated in the matter and he is in custody since 17/10/2020. Investigation is on the verge of completion. In fact, complainant has cheated the applicant, since the complainant did not perform the part of the agreement and failed to pay the entire amount, therefore, the registry could not take place. It is further submitted that proceedings under Section 138 of the Negotiable Instrument Act has already been proceeded by the complainant and notice have been issued. The case is of civil nature which has been given the colour of conspiracy. Applicant is only joint owner of the property. Applicant has not received any amount . The applicant is only bread earner of the family. It is further submitted that in view HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.46670/2020 ( Kuber Singh @ Kumer Gurjar Vs The State of M.P. ) (3) of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.
Learned Panel Lawyer opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and it is submitted that applicant was having dishonest intention from the very beginning, investigation is pending and custodial interrogation may be required in the matter, therefore, prays for rejection of bail.
At this stage, learned counsel for the applicant is ready to deposit amount of Rs. Thirty Two Lacs Only in monthly installment, as may be fixed by this Court, with the Trial Court.
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 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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.46670/2020 ( Kuber Singh @ Kumer Gurjar Vs The State of M.P. ) (4) case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
It is made clear that benefit of bail shall be extended to the applicant on his depositing first installment of Rs. Eight Lacs with the trial Court together with an undertaking that he will continue to deposit the remaining three installments of Rs. Eight Lacs each in the coming three months. If the applicant fails to deposit any of the installment, the complainant shall be at liberty to move an application for cancellation of bail.
The 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 shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.46670/2020 ( Kuber Singh @ Kumer Gurjar Vs The State of M.P. ) (5)
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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 or to the Police Officer, as the case may be;
5. 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.
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.11.26 07:11:11 +05'30'