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2020 DIGILAW 1018 (MP)

Ganesh Uikey v. State Of Madhya Pradesh

2020-10-06

RAJENDRA KUMAR SRIVASTAVA

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JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 25.07.2020, in connection with Crime No.455/2020 registered at Police Station-Dunda Seoni District Seoni (M.P.) for the offence punishable under Sections 392 and 394 of IPC. 2. As per prosecution story, on 25.07.2020 present applicant-accused with other co-accused committed loot of Moto Cycle, one mobile and Rs. 1300/- from the complainant Ravindra Baghel. 3. Learned counsel for the applicant submits that applicant is in jail since 25.07.2020 . The accused/applicant is innocent and he has been falsely implicated in this case. It is alleged by the prosecution that during investigation Rs. 400/- was seized from the possession of the applicant-accused. No looted property was seized from his possession. No person identified the present applicant-accused, so there is no case is made out against the applicant-accused. There is no material available on record on which it can be said that applicant-accused committed offence or he participated in the offence. The accused/applicant has no previous criminal antecedent of the same nature. Applicant-accused is not named in the FIR. Charge-sheet has been filed. It is the time of COVID-19, due to which further proceedings in the trial Court is withheld so conclusion of trial will take time. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 4. Per-contra, learned Panel Lawyer opposes the bail application. 5. Considering the contention of both the parties and this fact that applicant-accused is not identified during the investigation, no looted property was seized from the possession of the applicant-accused, name of the applicant is not find place in the FIR the applicant is in jail since 25.07.2020, accused/applicant has no previous criminal antecedent of the same nature, he is not previously convicted, there is no probability of his absconding or tampering with the prosecution evidence, it is the time of COVID-19, due to which further proceedings in the trial Court is withheld so conclusion of trial will take time, charge-sheet has been filed, so it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 6. It is directed that applicant-Ganesh Uikey be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 7. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction 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 Virus disease'. For this purpose appropriate tests will be carried out. 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. 8. Certified copy as per rules.