Madhya Pradesh High Court
Suneel @ Rewaram Choudhary (Ahirwar) vs The State Of Madhya Pradesh on 8 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 8th OF MARCH, 2022
MISC. CRIMINAL CASE No. 10223 of 2022
Between:-
SUNEEL @ REWARAM CHOUDHARY (AHIRWAR)
S/O JAMNA PRASAD CHOUDHARY , AGED ABOUT
29 YEARS, OCCUPATION: LABOURER R/O VILLAGE
CHINDORI, GOREGAON NARSIGPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI BRAJESH KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
G.R.P. DISTRICT BHOPAL, M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AJEET RAWAT, GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T he applicant has been arrested on 31.12.2021 by Police Station G.R.P. Habeebganj, District Bhopal (M.P.) in connection with Crime No.153/2021 for the offence punishable under Section 379, 411 & 413 of IPC.
It is pointed out that the applicant has been falsely implicated in the case and has not committed any offence in any manner. The applicant has been made accused only on the basis of memorandum of other co-accused and looted property has also been recovered from co-accused Chandra Prakash, which is reflected from the memo of the present applicant. The charge-sheet has been filed and, therefore no further requirement of custodial interrogation of the present applicant.
P er contra, counsel appearing for the State has vehemently opposed the Signature Not Verified SAN prayer stating that applicant is a habitual offender having a criminal history of 20 Digitally signed by SUSHEEL KUMAR JHARIYA cases, but he could not dispute the fact that the charge sheet has been filed in the Date: 2022.03.09 10:42:38 IST 2 matter.
It is argued that the criminal antecedents could not be taken into consideration at the time of considering the bail application has been held by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648. He is ready to abide by all the conditions that may be imposed by this Court while considering the application for bail. On these grounds, he prays for grant of bail.
Considering the over all facts and circumstances of the case and placing reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari (supra), 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 be;
4. The applicant shall not involve any other offence in future, in case Signature Not Verified SAN t h e applicant indulge in any other criminal case the benefit of bail as Digitally signed by SUSHEEL KUMAR JHARIYA extended by this Court shall automatically cancelled;Date: 2022.03.09 10:42:38 IST 3
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 sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.09 10:42:38 IST