Madhya Pradesh High Court
Deshraj Singh Jadaun vs The State Of Madhya Pradesh on 28 May, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-25797-2021
The High Court Of Madhya Pradesh
MCRC-25797-2021
(DESHRAJ SINGH JADAUN Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 28-05-2021
Heard through Video Conferencing.
Shri F.A.Shah, counsel for the applicant.
Shri Shiraz Qureshi, PP for the respondent/State.
This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
T h e applicant has been arrested on 11.4.2021 by Police Station Sabalgarh district Morena in connection with Crime No.501 of 2018 registered in relation to the offence punishable u/S.306, 34 of IPC.
It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Even the prosecution has not found any offence being committed by the present applicant. It is when the statements being recorded before the trial court and closure report was being filed and considered before the trial court on 4.9.2019, one Rina (PW4) who happens to be daughter in law of the present applicant gave the statement to the effect that due to harassment and threatening being given by the present applicant, her husband has committed suicide. Therefore, the trial court has taken cognizance in the matter. It is submitted that co-accused Sapna Singh has already been granted benefit of anticipatory bail on the ground of pregnancy. The case of applicant is on better footing as he is in custody. The applicant is first offender having no criminal history. It is submitted that the investigation is over in the matter and the charge sheet has already been filed, hence, there is no further requirement of custodial interrogation of the applicant. He is ready to abide with all the conditions as may be imposed by this court. Looking to the Covid 19 Pandemic scenario, he prayed for grant of bail.
Per contra, learned counsel appearing for the State has opposed the 2 MCRC-25797-2021 application stating that the applicant is having no parity with co-accused Sapna Singh as she was granted the benefit of anticipatory bail on the ground of being lady and carrying the pregnancy. The statement of Rina (PW4) has been read over by counsel for the State pointing out the fact that the deceased had committed suicide owing to the harassment and threatening being given by the present applicant over some dispute regarding vacation of rented premises about which, separate civil proceedings are going on in the civil court. Even the applicant is having criminal history of three more cases but he fairly submits that these cases of of the year 2008, 2018 and the present one. Earlier in the family, suicidal death of son of deceased had also taken place. In such circumstances, he prayed for dismissal of this application.
Considering the over all facts and circumstances of the case and looking to this Covid 19 Pandemic scenario, this court deems it appropriate to allow this application. The applicant is directed to be released on bail and o n furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.
The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.
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
3 MCRC-25797-2021 dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. If the applicant is found involved in any other case except the bail granted to the applicant shall stand rejected without reference to the court;
8.The applicant will inform the concerned S.H.O. 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 as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
4 MCRC-25797-2021 E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
CC as per rules.
(VISHAL MISHRA) V. JUDGE Rks RAM KUMAR SHARMA 2021.05.29 18:26:53 +05'30'