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2020 DIGILAW 1082 (MP)

Vikash v. State Of Madhya Pradesh

2020-10-12

AKHIL KUMAR SRIVASTAVA

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JUDGMENT Akhil Kumar Srivastava, J. - Case diary is available with the learned panel lawyer for the State in the PDF form. 2. It is a case of bail jump. 3. This is the second application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. Earlier the bail application of applicant was allowed by the trial court vide order dated 17.02.2016 with direction to appear as and when the dates are given by the Court, however, the applicant remained absent on some occasion. Consequently, warrant of arrest was issued and the applicant has been arrested on 29/08/2019 and since then he is in custody. 4. The applicant is being prosecuted in connection with Crime No.61/2016 registered at Police Station Ghamapur District Jabalpur (M.P.) for the offence punishable under Sections 34, 49 (A) of the M.P. Excise Act. 5. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged, however, he has been falsely implicated in the case. The applicant had appeared before the trial Court on the dates fixed but due to ailment he could not appear before the trial Court on some dates, therefore, he has been arrested. His non-appearance before the trial Court was unintentional. The applicant is in jail since 29.08.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail. 6. Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection. It is also stated by the learned panel lawyer that the applicant has past criminal record.. 7. Having considered the entire facts and circumstances of the case and also the fact that though the applicant has criminal past yet looking to the present Covid-19 pandemic situation and the period of his incarceration, this application is allowed without expressing any opinion on the merits of the matter. It is ordered that applicant - Vikash be released on bail on furnishing a personal bond for the sum of Rs. It is ordered that applicant - Vikash be released on bail on furnishing a personal bond for the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, out of which one should be local, in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. 8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicant show symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence. 9. 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 trial; (3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; (4) The applicant shall not commit any offence during the entire period of bail; (5) The applicant will not seek unnecessary adjournments during the (6) The applicant will not leave India without previous permission of the trial Court; (7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and (8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever. 10. In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today 11. The bail bonds and the surety bonds furnished by the applicant on earlier occasion, shall stand forfeited. 12. 10. In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today 11. The bail bonds and the surety bonds furnished by the applicant on earlier occasion, shall stand forfeited. 12. The trial court will be at liberty to forfeit the amount of personal and surety bond furnished by the applicant earlier, from the applicant and the surety. 13. Certified copy as per rules.