Madhya Pradesh High Court
Rahul Gurjar vs The State Of Madhya Pradesh on 7 July, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 12962/2020
( Rahul Gurjar Vs. State of Madhya Pradesh )
(1)
Gwalior, dated : 07.07.2020
Shri Avinash Kulshrestha, Advocate for the applicant.
Shri Aditya Singh, Panel Lawyer for the respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
Case diary perused.
Learned counsel for the rival parties are heard. The applicant has filed this fourth application under section 439 of the Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dated 16.09.2019 passed in M.Cr.C. No.38139/2019, second application was dismissed on merits vide order dt.21.11.2019 passed in M.Cr.C.. No.48162/2019 and third application was dismissed on merits vide order dt.23.1.2020 passed in M.Cr.C.No.855/2020.
The applicant has been arrested on 14.06.2019 by Police Station Ambah, District Morena in connection with Crime No.12/2019 registered in relation to the offence punishable under Sections 308, 324, 294, 506, 307, 34 B of IPC and Sections 25, 27 of Arms Act.
Allegation against the applicant, in short, is that complainant HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 12962/2020 ( Rahul Gurjar Vs. State of Madhya Pradesh ) (2) was sitting with his father and uncle in his home, at that time applicant's father came and abused to the complainant and thereafter fired a gun short and thereafter applicant asaulted the complainant with the butt of Adhiya on his head. On the basis of the aforesaid, crime has been registered.
Learned counsel for the applicant submits that applicant is a youth of 21 years of age who has been falsely implicated in the case. He is in custody since 14.06.2019. Charge-sheet has been filed, therefore, no further custodial interrogation is required. There is no likelihood of escalation of the offence to the higher count. Counsel for the applicant submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. Applicant is a permanent resident of Ambah, District Morena and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made.
Learned Panel Lawyer for the State opposed the application contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and prays for rejection of the application.
At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.10,000/- (Rupees Ten Thousand) with Prime Minister Citizen Assistance and relief in Emergency Situation HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 12962/2020 ( Rahul Gurjar Vs. State of Madhya Pradesh ) (3) Fund (PM Cares Fund).
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely - Rahul Gurjar be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.10,000/- (Rupees Ten Thousand) with Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund) and obtaining receipt. The applicant shall submit an attested photocopy of such receipt before the Principal Registrar of this Bench for placing the same on record as well as before the concerned court.
The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 12962/2020 ( Rahul Gurjar Vs. State of Madhya Pradesh ) (4) various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant shall install Arogya Setu App (if not already installed) in his mobile phone;
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 12962/2020 ( Rahul Gurjar Vs. State of Madhya Pradesh ) (5) order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2020.07.07 17:14:20 +05'30'