Madhya Pradesh High Court
Yatindra Verma vs The State Of Madhya Pradesh on 20 July, 2021
Author: Anil Verma
Bench: Anil Verma
The High Court Of Madhya Pradesh
MCRC-32959-2021
(YATINDRA VERMA Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 20-07-2021
Heard through Video Conferencing.
Shri Ravindra Singh Chhabra, learned counsel for the
applicant..
Shri Hemant Sharma, learned counsel for the
respondent / State.
This is first application filed on behalf of applicant Yatindra Verma under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 08/05/2021 in connection with Crime No. 386/2021 registered at P.S.- Rajendra Nagar, Indore (M.P) for commission of offence punishable under Sections 420, 188 of IPC and section 3 of the Epidemic Diseases Act, 1897.
2 As per prosecution story, on 08/05/2021 at 00.43 am, SHO PS- Rajendra Nagar, Amruta Solanki received a secret information that one person having mobile phone bearing no. 9893510000 is indulging in black marketing of Oxyflow meter, which is hightly required for treatment of COVID-19 patients. She along with police force went to the spot situated in new cloth market, Indore. It is alleged that head constable Mahendra was bargaining with the applicant and the applicant was agreed him to supply Oxyflow meter at the cost of Rs. 7,000/-, At that time, the police trapped the applicant and seized one Oxyflow meter from the possession of the applicant without having any valid bill or medical documents. The offences have been registered against him at police station, Rajendra Nagar, Indore. The present applicant was also detained under section 3(2)(2) (3) of the National Secirities Act, 1980. 3 Learned counsel for the applicant submits that the applicant is a social worker. He is holding a post of general secretary and secretary of national political party. During the second wave of COVID-19, he has been vocal in expressing the displeasure over the manner, in which the crisis were handled by the State Government on his social media accounts. At the time of the incident, SHO, Rajendra Nagar Police Station, Indore called him on his mobile phone and was seeking his help for arrangement of Oxyflow meter. Anyhow, he purchased Oxyflow meter from the Kartik Medical Store at Rs. 7000/-, but later on , SHO, Rejendra Nagar Police Station, Indore malafidely indulged him in this false case. The Collector, Indore passed detention order dated 10/05/2021 against the applicant, which was challenged before this Court by filing W.P no. 9792/2021 and this Court vide order dated 24/06/2021, quashed the detention order and has also categorically observed that there is no material before the learned District Magistrate to believe that the corpus will again indulge in similar activity of black marketing and the impugned order of detention cannot be sustained in judicial scrutiny ( Annexure-P/6). It is not the case of the prosecution that the applicant purchased large quantity of Oxyflow meter. He has not violated any order of the District Magistrate. The offence under section 3 of the Epidemic Diseases Act, 1897 is not made out against him, because there is no violation of any order passed by the State Government under section 2 of the said Act. The necessary ingredients of section 420 of IPC is also missing in the FIR. It is not the prosecution case that the applicant is indulging in the offence of black marketing of Remdesivir injection. Learned counsel has also placed reliance upon the judgment delivered in the case of Munnawar Vs. State of M.P reported in 2021 SCC Onlie SC 60 and submitted that there is no chance of his fleeing away from the course of justice. In such circumstances, learned counsel prays for grant of bail to the applicant. 4 Per contra, learned cousnel for the respondent / state has vehemently opposed the bail application by stating that considering the conduct of the applicant, as he was indulged in black marketing of pulse Oxyflow meter during COVID-19 pandemic crisis, which was not available in the market, looking to the gravity of the offence as also the applicant has criminal antecedents as there are criminal cases registered against him, the benefit of bail cannot be granted to the applicant.
5 Undoubtedly, all the offences registered against the present applicant is exclusively triable by JMFC. On the basis of registration of the aforesaid crime against present applicant under sections 420 and 188 of IPC and section 3 of the Epidemic Diseases Act, 1897, the District Magistrate, Indore had passed a detention order under N.S.A. against the present applicant, which was challenged before this Court by filing W.P. no. 9792/2021 and after perusal of the order dated 24/06/2021, which was passed by this Court, wherein the aforesaid detention order has been quashed and categorically observed as under :
36) In view of these authoritative pronouncements, there is no manner of doubt that the detenu had a valuable right to make a representation to the detaining authority and denial of this opportunity vitiates the impugned order. Resultantly, impugned order of detention dated 10/05/2021 is set aside.
37) In view of foregoing analysis, the impugned order of detention cannot sustain judicial scrutiny.
6 Considering the aforesaid facts and circumstances of the case and also keeping in view the fact that the applicant has already suffered jail incarceration for 2 ½ months and he is not required for any custodial interrogation, possibility of delay also in conclusion of the trial cannot be ruled out in the present matter. It is important fact that detention order passed by the District Magistrate has also been quashed by Division Bench of this Court and it is not the case / offence of black marketing of Remdesivir injection, I deem it proper to release the accused / applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed. 7 It is directed that applicant Yatindra Verma be released on bail on his/her furnishing personal bonds in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., 8 Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE amol Digitally signed by AMOL N MAHANAG Date: 2021.07.20 18:34:47 +05'30'