Madhya Pradesh High Court
Manish vs The State Of Madhya Pradesh on 7 June, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
The High Court Of Madhya Pradesh
MCRC-26756-2021
(MANISH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:-07/06/2021
Heard through Video Conferencing.
Shri Hemant Singh Rana, learned counsel for the applicant.
Shri Sangam Jain, learned Public Prosecutor for the
respondent/State.
I.A.No.16078/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 26/5/2021 in connection with Crime No.7/2021 registered at Police Station Pichhor, District Gwalior for offence under Sections 394 and 395 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by learned counsel for applicant- Manish that the applicant has not committed any offence. He has falsely been implicated. He is in custody since 26/05/2021. It is further submitted that co-accused Deepak Vanshkar has already been granted bail by this Court by order dated 27/05/2021 passed in MCRC No.24284/2021 and the case of the present applicant is also on the same footings. Investigation and trial will take its own time. Hence, prayed for grant of bail to the applicant. It is further submitted that the applicant is ready and willing to deposit Rs.2,000/- for the welfare of children housed in Mercy Home. He further undertakes to abide by all the 2 The High Court Of Madhya Pradesh MCRC-26756-2021 (MANISH Vs THE STATE OF MADHYA PRADESH) terms and conditions of guidance, 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.
Per contra, learned State counsel opposed the bail application and has submitted that the case is registered under Sections 394 and 395 of IPC and Section 11/13 of MPDVPK Act and investigation is going on. Hence, prayed to reject the bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.
Considering the fact that co-accused Deepak Vanshkar has already been granted bail, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the 3 The High Court Of Madhya Pradesh MCRC-26756-2021 (MANISH Vs THE STATE OF MADHYA PRADESH) applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning 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 send 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/s :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge himself/herself/themselves 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/s shall not commit an offence similar to the offence of which he/she is accused. In case of 4 The High Court Of Madhya Pradesh MCRC-26756-2021 (MANISH Vs THE STATE OF MADHYA PRADESH) repetition of any offence, this bail order shall stand cancelled automatically;
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.
8. As submitted by the learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.2,000/-
(Rs. Two Thousand Only) before the Director, Mercy Home and the receipt of the same be filed before this Court within seven working days of this order.
Director, Mercy Home is hereby directed to use the aforesaid amount for the welfare of children housed in Mercy Home and shall file report of the same in writing before the Principal Registrar of this Court.
Application stands allowed and disposed of. 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.
(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2021.06.08 11:36:49 +05'30'