Madhya Pradesh High Court
Kalyan Chakravarti vs State Of Mp on 24 April, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-16514-2020
The High Court Of Madhya Pradesh
MCRC-16514-2020
(KALYAN CHAKRAVARTI Vs STATE OF MP)
26
Jabalpur, Dated : 24-04-2021
Heard through Video Conferencing.
Shri S.K.Jain, learned counsel, for the applicant.
Shri Shahrukh Riyaz, learned PL for the respondent /State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
T h e applicant is arrested on 20.2.2020 by Police Station Station Goipalganj, district Sagar in connection with Crime No.79 of 2020 of registered in relation to the offence punishable u/S 8/20 of NDPS Act.
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. It is further argued that investigation in the matter is complete and the charge sheet has already been filed on 18.5.2020 therefore, there is no further requirement of custodial interrogation of the applicant. The applicant is a first offender and is ready to abide with all the conditions as may be imposed by this court while considering this bail application and further shown his willingness to render community service during this Covid 19 Pandemic to help the needy. On these grounds, the applicant prayed for grant of bail.
Per contra, learned counsel appearing for the State has opposed the application stating that there is active participation of the applicant in 2 MCRC-16514-2020 commission of offence and 39 Kgs of contraband article which is more than the permissible limit and falls within the category of commercial quantity has been recovered from the possession of the applicant. However, he could not dispute the fact of filing of charge sheet on 18.5.2020 and the fact that the applicant is a first offender.
Considering the over all facts and circumstances of the case as well as looking to this Covid 19 Pandemic Scenario and the period of custody and also the fact that the applicant is a first offender having no criminal history, this application is allowed. The applicant be released on bail subject to verification of the fact that the applicant is a first offender having no criminal history and on 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 applicants :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge themselves 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 be;
4 . The applicant shall not involve any other offence, in case the
3 MCRC-16514-2020 applicant indulge 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 case except present one, his bail shall stand rejected without any 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 their mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant/s shall further submit the undertaking to the effect that they 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 (COVIC-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before releasing the applicants, medical examination of applicants 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.
E-copy of this order be provided to the applicants and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear 4 MCRC-16514-2020 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) JUDGE RAM KUMAR SHARMA 2021.04.24 18:30:38 +05'30'