Madhya Pradesh High Court
Golu @ Manoj vs The State Of Madhya Pradesh on 8 April, 2021
Equivalent citations: AIRONLINE 2021 MP 217
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC-18453-2021
THE HIGH COURT OF MADHYA PRADESH
MCRC-18453-2021
(Golu @ Manoj Vs. State of M.P.)
Gwalior, dated: 08.04.2021
Shri Deepak Shrivastava, learned counsel for the petitioner.
Shri R.P. Gupta, learned Public Prosecutor for the State.
Heard through video conferencing.
This is first bail application u/S.439 CrPC filed by the petitioner
for grant of bail.
The petitioner has been arrested on 15.03.2020 by Police Station
- Maharajpura, District Gwalior (M.P.), in connection with Crime No.
178/2020 registered in relation to the offence punishable u/s.392 IPC
and 11/13 MPDVPK Act.
Learned counsel for State opposed the application and prayed
for its rejection by contending that on the basis of the allegations and
the material available on record, no case for grant of bail is made out.
Petitioner who is in custody since 15.03.2020 is alleged with
robbery of mobile phone which has been recovered from him. The trial
is under progress where complainant (PW-1) has been examined on
25.02.2021 and he has not supported the story of prosecution.
In view of above, no useful purpose would be served to
continue incarceration of the petitioner.
Considering the above and special circumstances created by on-
going COVID-19 pandemic and the fact that early conclusion of the
trial is a bleak possibility and prolonged pre-trial detention being an
2 MCRC-18453-2021
anathema to the concept of liberty and the material placed on record
does not disclose possibility of petitioner fleeing from justice, this
Court is though inclined to extend the benefit of bail to the petitioner
but with certain stringent conditions.
Accordingly, without expressing any opinion on merits of the
case, this application is allowed and it is directed that the petitioner be
released on bail on furnishing a personal bond in the sum of Rs.
50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the
like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the
following conditions by the petitioner :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. Petitioner shall mark his attendance before the concerned Trial Court once a fortnight till conclusion of trial.
8. The learned concerned trial court and the prosecution are directed to ensure following of Covid-19 precautionary protocol 3 MCRC-18453-2021 prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.
The petitioner has gracefully agreed to act as a Shiksha Swayamsevak by rendering physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner.
[;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated.
[;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information 4 MCRC-18453-2021 provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA].
The Registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned who in turn shall encourage the petitioner to indulge in community service as aforesaid.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu) Judge Aman Aman Digitally signed by Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b060 Tiwari 9a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.04.09 16:25:06 +05'30'