Madhya Pradesh High Court
Pradeep Kumar Pal vs State Of Mp on 24 June, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.18034/2020
(Pradeep Kumar Pal Vs. State of M.P. )
Gwalior, Dated:24.06.2020
Shri J.P.Kushwaha, learned counsel for the applicant.
Shri Arjun Parihar, learned Panel Lawyer 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 15.09.2019 by Police Station Kampoo, District Gwalior in connection with Crime No.245/2016 registered for offence under Sections 420, 467, 468 and 471 of IPC. His earlier bail application was dismissed as withdrawn vide order dated 05.12.2019 passed in MCRC.No.49379/2019.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 15.09.2019 whereas charge-sheet has already been filed. Since matter pertains to documentary evidence therefore, chance of tampering with the evidence/witnesses is remote. Looking to the period of custody as well as prevailing situation of Covid-19 Pandemic, his case be considered. 2 Allegation against the applicant is in respect of producing forged mark-sheet, caste certificate and domicile certificate to get employment in CISF. He undertakes to cooperate in trial and perform community service and serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. On these grounds, prayer for bail has been made.
Counsel for the State opposed the prayer and prays for dismissal of bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, 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.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the 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, 3 then the concerned local administration shall make necessary 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 Covid-19. 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 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 4 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/her 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 shall regular appear in the trial Court and shall 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.
7. The applicant will inform the SHO 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 for information.
8. Applicant shall deposit Rs.5000/- within a month in PM CARES Fund having Account Number : 2121PM20202, 5 IFSC Code: SBIN0000691, SWIFT Code :
SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch from the date of release of applicant.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Ashish* Judge
ASHISH
CHAURASIA
2020.06.24
17:20:43
+05'30'