Madhya Pradesh High Court
Dilip Singh Chouhan vs The State Of Madhya Pradesh on 7 May, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-15641-2021
The High Court Of Madhya Pradesh
MCRC-15641-2021
(DILIP SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH)
3
Indore, Dated : 07-05-2021
Shri Ashish Gupta, learned counsel for the applicant.
Shri Harshwardhan Sharma, learned Panel lawyer for the respondent-State.
I/O is present through video conferencing from the concerned Police Station. Heard through Video Conferencing.
This is the first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 05/02/2021 in connection with Crime No. 36/2021 registered at P.S., Kshipra, District-Indore for the offence punishable under Sections 34(2) of M.P. Excise Act.
As per prosecution story, co-accused persons namely Jitendra and Arvind were found in an unauthorized and illegal joint possession of 360 bulk liters of illicit liquor. Thereafter, in the memorandum recorded under Section 27 of the Evidence Act of co-accused Jitendra, he has divulged the name of Balbihari and Balbihari in the statement under Section 27 of the Evidence Act has revealed the name of present applicant. Accordingly, present applicant has been made accused and a case has been registered against him.
Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete. Challan has been filed. He is no more required for further custodial interrogation. Applicant has suffered jail incarceration since 05/02/2021. Co-accused Jitendra and Arvindra have been granted bail by this Court vide order dated 29/04/2021 passed in M.Cr.C. No.19553/2021. Applicant seeks parity with the co-accused. Moreso, looking to t h e Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.
Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application with the submission that main accused in the case Rajendra Jaiswal and Rajendra Thakur owner of the car are still absconding. However, he does not dispute the fact regarding grant of bail to the co-accused as referred above.
2 MCRC-15641-2021 At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant is prepared to deposit a sum of Rs.1,00,000/- (Rs. One Lac only) in the office of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa ashrams or orphans living in orphanage in the city of Indore in dire need of such amenities/facilities and also to the sufferers of Covid-19 Pandemic. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon consideration of the aforesaid facts and circumstances, in the fitness of things, it is considered apposite to enlarge the applicant on temporary bail so that status of investigation can be brought to the notice of this Court regarding absconding persons. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on temporary bail pending final disposal of this application.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on temporary bail on furnishing personal bond in the sum of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rupees One Lac only) of any nationalized bank in favour of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa ashrams and orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Indore in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on
3 MCRC-15641-2021 the pending trial to the prejudice of the applicant.
(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
( i i ) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(i i )(c) the Registry is directed to accept the original demand draft wi thout mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Indore is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
( vi ) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.
(vii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.
(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
I/O of the case, who is present through video conferencing is directed to 4 MCRC-15641-2021 ensure expeditious action for apprehension of absconding accused persons on or before next date of hearing Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
List the case on 24/June/2021.
I/O shall remain present on next date of hearing through video conferencing from the concerned police station.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
CHATURVE GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20
DI
e67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.05.08 11:38:39 +05'30'