Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Mukesh Kumar Mishra @ Guddu @ Banti vs The State Of Madhya Pradesh on 4 December, 2020

Author: Mohammed Fahim Anwar

Bench: Mohammed Fahim Anwar

                                                                         1                            MCRC-32224-2020
                                               The High Court Of Madhya Pradesh
                                                         MCRC-32224-2020
                                            (MUKESH KUMAR MISHRA @ GUDDU @ BANTI Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 04-12-2020
                                             The matter is taken up through Video Conferencing.

                                             Shri A.S. Parihar, learned counsel for the applicant.
                                             Shri Ashish Kurmi, learned Panel Lawyer for the respondent/State.

Case diary is available with the learned Panel Lawyer. Heard.

This is the first application filed under Section 439 of Cr.P.C for grant o f bail to the applicant, as he has been arrested in connection with Crime No.877/2019, registered at Police Station Kolgawan, District Satna for the offence punishable under Section 394 of the Indian Penal Code.

The case of the prosecution is that, in the intervening night of 17/18.07.2019 the applicant and other co-accused persons have intercepted the Hiwa Truck bearing Registration No.MP-19-HA-3616 and looted mobile phone and some moneyof the complainant, which he was having with him. Report of the incident was lodged on the next morning. On that basis, crime under the aforementioned offence has been registered against the applicant and other co-accused persons. The applicant was taken into custody on 21.07.2019. During the course of interrogation, the applicant has admitted the commission of crime and on his information and instance, looted property was recovered.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that the applicant is a permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the evidence. It is also submitted that the applicant is a young youth and has been in custody since 21.07.2019.

Learned counsel for the applicant has filed the statements of examined Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2020.12.05 10:44:15 IST 2 MCRC-32224-2020 prosecution witnesses namely Rampal Kushwaha (PW-1) and Samay Lal Saket (PW-2) and submitted that they have not supported the case of the prosecution. In view of the aforesaid, prayer has been made to enlarge the applicant on bail.

Learned Panel Lawyer for the respondent/State on the other hand has vehemently opposed the application and submitted that the applicant is having criminal antecedents. Two other cases of different nature have been registered against the applicant.

Keeping in view the facts and circumstances of the case particularly, the fact as pointed out by the learned counsel for the applicant, allegation made against the applicant, period of his detention since 21.07.2019 and looking to the exigency of Covid-19 disease, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant, is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease the applicant shall also comply with the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

2. The applicant shall not be released, if he is suffering from 'Corona Signature Not Verified SAN Virus disease'. For this purpose appropriate tests will be carried out.

3 MCRC-32224-2020

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

This application stands allowed and disposed of. C. C. as per rules.

(MOHD. FAHIM ANWAR) JUDGE taj Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2020.12.05 10:44:15 IST