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2020 DIGILAW 482 (MP)

Anil Sapkale v. State Of Madhya Pradesh

2020-04-28

NANDITA DUBEY

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JUDGMENT 1. On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing. 2. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. The applicant is in custody since 08.02.2020 in connection with Crime No. 42/2020 registered at P.S. Kotwali, District Chhatarpur (MP) for the offence punishable under Sections 307,336,452,427,506 read with Section 34, 120-B, 193, 182, 211 of IPC and Section 3 of Lok Sampatti Nivaran Adhiniyam and Sections 25 and 27 of the Arms Act. 3. As per prosecution case, the present applicant orchestrated the entire incident and misused his authority to lodge a false case by concocting the story about him being attacked while discharging his official duties and his office and vehicle been sabotaged by unknown assailants. 4. Shri Sankalp Kochar, learned counsel for the applicant submits that the applicant himself has filed FIR on 05.02.2020 registered at Crime No.42/2020 against unknown persons stating that they were heavily armed with weapons like lathis and destroyed his office furniture and vehicle and threatened him with dire consequences. He further submits that the applicant has been falsely implicated for the reason that he had taken strict action against the land mafias and lodged an FIR against them, as a result of which they were holding grudge against him. He further submits that these land mafias are influential persons and to keep him away from Chhatarpur, got him transferred to Sagar. The transfer order dated 06.09.2019 was stayed by this Court in WP No. 15964/2019 on 13.08.2019. He submits that as the aforesaid order passed by this Court was not complied with, the applicant was constrained to file a Contempt Petition No. 2353/2019 wherein this Court has pleased to allow the applicant to continue at Chhatarpur. Aggrieved by which, the land mafias in connivance with the police officials crystallized a new story to implicate the applicant in the present case. Learned counsel further submits that the applicant has been made an accused on the basis of memorandum of one of the co-accused. It is submitted that the other co-accused have already been released on bail by the trial Court. Learned counsel further submits that the applicant has been made an accused on the basis of memorandum of one of the co-accused. It is submitted that the other co-accused have already been released on bail by the trial Court. He submits that due to registration of the aforesaid case, he has been suspended and attached to District-Sagar vide order dated 07.02.2020. It is stated that the investigation is complete and the challan has already been filed on 24.04.2020. In the circumstances, there is no likelihood of applicant tampering the evidence and prays for grant of bail. 5. On the other hand, learned counsel appearing for the intervenors have vehemently opposed the application. 6. Dr. Rashmi Pathak, learned counsel appearing for intervenor no.1 Sharad Agrawal and others submits that he is the last seller of the agricultural land sold to intervenor Abhay Singh Bhadoriya The present applicant misused his administrative power for personal need and illegal gratification and conspired to falsely implicate the innocent persons and lodged false FIR against them in which anticipatory bail has been granted to the intervenors. She further submits that to falsely implicate the present intervenors in some more false criminal cases and for creating circumstances for cancellation of their bail, the present applicant conspired with the co-accused and concocted a false story of attack and sabotage of Government property by unknown persons. 7. Shri Bramhanand Pandey, learned counsel appearing for intervenor Abhay Singh Bhadoriya submits that the applicant was earlier transferred from Chhatarpur to Sagar on account of some complaint against him. However, by misleading this Court, he got his transfer order stayed. He further submits that he has filed a complaint before CM Help Line regarding demand of illegal gratification of Rs. One Crore by the present applicant. However, he has fairly admitted that he has not filed any complaint/FIR before any authority, in this regard. 8. Shri Rajeshwar Rao, learned Government Advocate has also opposed the bail application. He submits that during the investigation, it was found that the whole incident was staged by the applicant himself. From the CDR and the call records, it was found that the applicant was in constant touch and communication with co-accused, and to implicate the intervenor in a new case, a false story was concocted. He, however, fairly submitted that the applicant has been made an accused on the basis of memorandum of coaccused Pushpendra Gautam. From the CDR and the call records, it was found that the applicant was in constant touch and communication with co-accused, and to implicate the intervenor in a new case, a false story was concocted. He, however, fairly submitted that the applicant has been made an accused on the basis of memorandum of coaccused Pushpendra Gautam. 9. The applicant is in custody since 08.02.2020. Considering that the investigation is complete, challan has already been filed and the trial is going to take time, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed. 10. It is directed that applicant Anil Sapkale shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one surety in the like amount to the satisfaction of the trail Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial. 11. Once the Court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with regard to release of under trials from jail by ensuring that they are first examined by the jail doctor and if they show any symptoms of COVID 19, refer them to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to the Applicants. The State shall also comply with the directions of the Supreme Court passed in Writ Petition No.1/2020 about the transportation of such prisoners from the jail to their place of residence. 12. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. He will attend each hearing of his trial before the Trial Court out of which the bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. 13. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Rajeshwar Rao, learned Govt. Advocate, on their respective email addresses, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.