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2020 DIGILAW 860 (MP)

Gaya Prasad Shukla v. State Of Madhya Pradesh

2020-09-07

RAJENDRA KUMAR SRIVASTAVA

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JUDGMENT Rajendra Kumar Srivastava, J. - This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. 2. The applicant is in custody since 27.7.2020 in connection with Crime No.96/2020 registered at Police Station Rampur Naikin, District Sidhi (MP), for the offence punishable under Section 419, 420, 467, 468, 471 of IPC. 3. As per prosecution case, when present applicant was posted as Manager & the then Samiti Prabandhak in Seva Sahkari Samiti Maryadit, Bharatpur, District Sidhi, sanctioned loan of Rs.8,55,181/- under the KCC Scheme to beneficiaries Shashikala, Rama, Rashmi, Chandwati, Anita, Prakash, Harish, Sunita, Satish and Santosh, who are not having the land and in this manner, applicant has misappropriated the aforesaid amount. Thereafter, case has been registered against the present accused/applicant for the aforesaid offence. 4. Learned counsel for the applicant/accused submits that the applicant has already deposited Rs.8,55,181/- in the account of Seva Sahkari Samiti Maryadit. Accused/applicant has been falsely implicated in this case. He has discharged his duties in accordance to law. Applicant is aged 55 years. There is no previous criminal antecedent. Investigation in this case is complete. There is no probability of his absconding or tampering with the evidence of the prosecution witnesses. It is the time of COVID-19, so further proceedings in the trial Court is withheld. The conclusion of trial will take time. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Per-Contra, learned Panel Lawyer for respondent-State opposes the bail application. 6. Considering the contention of both the parties and looking to the facts and circumstances of the case as also the fact that applicant has already deposited the whole alleged amount of Rs.8,55,181/- in the account of Seva Sahkari Samiti Maryadit, Bharatpur, District Sidhi, it is alleged by applicant that he sanctioned the loan while he was discharging his duties, applicant is in jail since 27.7.2020, there is no criminal antecedent against the applicant, it is the time of COVID-19, so further proceedings in the trial Court is withheld, the conclusion of trial will take time, I am of the considered view that it would be appropriate to release the applicant on bail. Therefore, without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. 7. It is directed that applicant - Gaya Prasad Shukla be released on bail on him furnishing bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the concerned 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. In view of the outbreak of 'Corona Virus disease (COVID-19)' 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 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. Certified copy as per rules.