Madhya Pradesh High Court
Vijay Vishwakarma vs The State Of Madhya Pradesh on 11 February, 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 11th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 6164 of 2022
Between:-
VIJAY VISHWAKARMA S/O SHRI HARPRASAD
VISHWAKARMA , AGED ABOUT 37 YEARS,
OCCUPATION: LABOUR R/O NEAR BHUTESHWAR
MANDIR P.S. MOTINAGAR TEHSIL AND DISTRICT
SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BHUPENDRA KUMAR SHUKLA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STAION MAKRONIYA DISTRICT SAGAR
M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SHIV KUMAR SHRIVASTAVA, GOVT. ADVOCATE )
(Heard through Video Conferencing)
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.
The applicant has been arrested on 11.10.2020 by Police Station Makroniya, District Sagar (M.P.) in connection with Crime No.294/2020 for the offence punishable under Sections 420, 467, 468 & 409 of the Indian Penal Code.
Allegation against the present applicant is that he used to deposit GST of three firms, but he has not deposited the same and produced false receipts.
It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. T h e investigation is over and charge-sheet has been filed in the matter on 08.01.2021. He is in custody since 11.10.2020 and there is no further requirement of custodial interrogation of the present applicant. Another case was registered by complainant Rahul Jain for the same offence with respect of non-deposits of GST for the three firms, in which, he Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.02.14 13:24:56 IST has already been enlarged on bail by the trial Court itself vide order dated 2 02.07.2021. Apart from this, no other offence is registered against 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 application stating that there is specific allegation against the present applicant which prima facie shows commission of offence under Sections 409, 420, 467 & 468 of IPC. It is submitted that statements of witnesses are yet to be recorded before the trial Court, but he could not dispute the fact that the applicant is in custody since 11.10.2020.
Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. Subject to the verification of the fact that the applicant has already been enlarged on bail in other case by the trial Court itself on 02.07.2021 and no other case except these two cases is registered against the present applicant, 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 she 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 her;Signature Not Verified
2. The applicant will cooperate in the investigation/trial, as the case may be;SAN Digitally signed by SUSHEEL KUMAR
3. The applicant will not indulge herself in extending inducement, threat or JHARIYA Date: 2022.02.14 13:24:56 IST promise to any person acquainted with the facts of the case so as to dissuade her 3 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 the 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;
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 disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.02.14 13:24:56 IST