Madhya Pradesh High Court
Deepak vs State Of Madhya Pradesh on 10 August, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.26650/2020
(Deepak Vs. State of M.P.)
Gwalior Bench: Dated -10.08.2020
Shri Deepak Shrivastava, learned counsel for the applicant.
Shri C.P. Singh, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14.08.2018, by Police Station Kotwali, District Ashoknagar, in connection with Crime No.487/2013, registered for offence under Sections 399, 400, 402 of IPC and Section 25/27 of Arms Act.
It is the submission of learned counsel for the applicant that this is case of bail jump and he is suffering confinement since 14.08.2018. All evidence of the parties have come to an end and now matter is fixed for final arguments which is reflected from the order of trial court. He fairly submitted that criminal record of applicant haunts him but now he learnt the lesson hard way and would mend his ways and would become a better citizen. He would not involve in any criminal activity in future. Trial has come to an end and final hearing is to be made, therefore, his case may be considered sympathetically especially in pandemic situation of COVID-19. He further undertakes to perform community service and to serve national cause by installation of Water Harvesting System and to install Arogya Setu App.
HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.26650/2020 (Deepak Vs. State of M.P.) Under these grounds, prayer for bail has been made.
Learned PL for the State opposed the prayer and prayed for its dismissal.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions of the learned counsel for the parties and in view of COVID-19 pandemic situation and specially looking to the period of 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.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court. He further undertakes 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 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 him treatment as per medical norms. If the HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.26650/2020 (Deepak Vs. State of M.P.) applicant is fit for release and if he is in a position to make him 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 her in custody and would sent her 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 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 HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.26650/2020 (Deepak Vs. State of M.P.) offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and he would not move in the vicinity of complainant party in any manner.
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. Looking to the undertaking and intent of the applicant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that applicant must install Water Harvesting System or Water Recharge System in his house in which he is residing within two months from today, if he has not installed the system already. If he has installed the system already, then he shall have to submit proof and photographs regarding this before the trial Court. Applicant shall seek necessary permission required, if any, in this regard from the concerned departments including Municipal Corporation/Council and authorities shall facilitate and cooperate in this regard for installation of water recharge / harvesting system. Applicant shall have to maintain the said system in future on regular basis. After installation of system, applicant shall submit a report and compliance HIGH COURT OF MADHYA PRADESH 5 M.Cr.C. No.26650/2020 (Deepak Vs. State of M.P.) certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption "Direction".
This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public regarding water conservation.
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) Judge Rashid RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed19542 37f6324416af3985b5e9940ed42, KHAN serialNumber=111cc474a72b078dc9a89f3cb13bb668f d8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2020.08.11 11:16:28 +05'30'