Madhya Pradesh High Court
Abhishek Nagich vs State Of Mp on 5 November, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-38152-2020
The High Court Of Madhya Pradesh
MCRC-38152-2020
(ABHISHEK NAGAICH Vs STATE OF MP)
Gwalior, Dated : 05-11-2020
Heard through Video Conferencing.
Shri S.K. Tiwari, learned counsel for the applicant.
Shri Santosh Sharma, learned Panel Lawyer for the respondent/State.
Shri Kushagra Shukla, learned counsel for the complainant. T he applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 15/06/2020 by Police Station Mow, Distt. Bhind (M.P.) in connection with Crime No.170/2020 registered for offence under Sections 457, 380, 328 & 328/511 of IPC.
I t is submitted by learned counsel for the applicant- Abhishek Nagaich that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 15/06/2020, i.e. for about five months. There is no evidence against the present applicant. It is further submitted that there is no role of present applicant in this case. Trial will take its own time. There is no possibility of resumption of physical hearing before the Courts in near future due to COVID-19 pandemic. Hence, learned counsel for the applicant prays for grant of regular bail or interim bail for a period of 60 days. He further undertakes to abide by all the 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.
Learned State counsel as well as learned counsel for the complainant have vehemently opposed the application and have submitted that no case for grant of bail to the applicant is made out. Hence, prays for rejection of present application filed for grant of bail to the applicant.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.
2 MCRC-38152-2020 Considering the facts and circumstances of the case and the fact that there is no possibility of resumption of physical hearing before the Courts in near future, prayer for interim bail is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of 60 days from the date of his release on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the Court concerned. The applicant shall surrender before the trial Court immediately after completion of 60 days. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.
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 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 Covid19. 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 :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
3 MCRC-38152-2020
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 dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5 . The applicant will not move in the vicinity of complainant party and 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. The applicant will inform the SHO 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 for information.
This application under Section 439 of Cr.P.C. stands disposed of in above terms.
E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar SHUBHANKAR MISHRA 2020.11.06 10:39:58 +05'30'