Madhya Pradesh High Court
Rajeev Tiwari vs The State Of Madhya Pradesh on 2 March, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 2nd OF MARCH, 2022
MISC. CRIMINAL CASE No. 9060 of 2022
Between:-
RAJEEV TIWARI S/O SHRI MRITYUNJAY TIWARI ,
AGED ABOUT 25 YEARS, OCCUPATION: BUSINESS
R/O VILLAGE SAKARWAT POLICE STATION
CHORHATA TEHSIL HUZUR DISTRICT REWA M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARUNODAYA SINGH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THE
STATION HOUSE OFFICER POLICE STATION
RAMPUR BAGHELAN DISTRICT SATNA M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT PANDEY, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the third bail application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. Second bail application vide order dated 11.06.2021 passed in M.Cr.C.No.26989/2021 and first bail application was also dismissed on merits vide order dated 22.10.2019 passed in M.Cr.C.No.31892/2019 was dismissed on merits.
The applicant has been arrested on 18.04.2019 by Police Station Rampur Baghelan, District Satna in connection with Crime No.358/2019 for the offence punishable under Sections 302, 201 read with Section 34 of the I.P.C.
It is pointed out that the applicant has been falsely implicated in the case and has not committed any offence in any manner. It is submitted by the counsel appearing for the applicant that the material witnesses have been examined and they have not supported the prosecution story. The other co-accused has already been Signature Not Verified SAN enlarged on bail, while considering the aforesaid aspect on 03.05.2021 passed in Digitally signed by SHALINI LANDGE Date: 2022.03.04 13:39:31 IST M.Cr.C.No.42300/2020. There is no further requirement of custodial interrogation 2 of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that in the CCTV footage the presence of the present applicant is shown that he has accompanied the deceased. Even in the FSL report, which is received regarding seizure of the weapon from the present applicant is also found to be positive but the fact remains that the seizure witnesses have turned hostile which is not disputed by the State counsel.
Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
In 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.
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 dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may Signature Not Verified be;SAN Digitally signed by SHALINI LANDGE
4. The applicant shall not involve any other offence, in case the applicant Date: 2022.03.04 13:39:31 IST indulge in any other criminal case the benefit of bail as extended by this Court shall 3 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 . 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 disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE Sha Signature Not Verified SAN Digitally signed by SHALINI LANDGE Date: 2022.03.04 13:39:31 IST