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Madhya Pradesh High Court · body

2020 DIGILAW 969 (MP)

Rakesh Yadav v. State Of M. P.

2020-09-29

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - Learned counsel for the rival parties are heard. 2. This is fifth bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. Earlier 1st and 4th bail applications were dismissed as withdrawn vide order dated 11.11.2019 and 08.07.2020 passed in M.Cr.C Nos. 42857/2019 and M.Cr.C No. 21589/2020 respectively and 2nd and 3rd bail application were dismissed on merits vide orders dated 16.12.2019 and 28.02.2020 passed in M.Cr.C. No. 52338/2019 and M.Cr.C No. 9113/2020 respectively. 3. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 4. Applicant has been arrested on 11.09.2019 by Police Station Pichhore, District Gwalior (M.P.) in connection with Crime No.140/2019 registered in relation to the offence punishable u/Ss. 147, 148, 149, 294 and 302 of IPC. 5. It is submitted by learned counsel for applicant that applicant is in custody since 11.09.2019. Investigation is over in the matter and charge sheet has been filed in the matter, therefore, no further custody may be necessary. It is further submitted that in similar circumstances, this Court has already considered the bail application of co-accused Dilip Yadav and is allowed the same vide order dated 16.09.2020 in M.Cr.C No.24967/2020. The case of the present applicant is in parity with that of co-accused-Dilip Yadav. It is further submitted that there is no criminal antecedents against the present applicant. Investigation is over in the matter and charge sheet has been filed. Upon these grounds and considering the situation of COVID-19 pandemic, he prays for bail. He is ready to abide by all the terms and conditions as may be imposed by this Court. He has shown his willingness to contribute an amount of Rs.10,000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. 6. Per contra, learned counsel for State has opposed the prayer, but he could not dispute the factum of complete parity of co-accused Dilip Yadav who has been extended the benefit of bail by this Court in similar circumstances. 6. Per contra, learned counsel for State has opposed the prayer, but he could not dispute the factum of complete parity of co-accused Dilip Yadav who has been extended the benefit of bail by this Court in similar circumstances. He fairly submits that he is having no criminal antecedent. 7. The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under : "The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate." 8. Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant and also the fact that co-accused Dilip Yadav has already been granted bail by this Court in M.Cr.C No. 24967/2020, this Court deems it appropriate to allow this application. Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant and also the fact that co-accused Dilip Yadav has already been granted bail by this Court in M.Cr.C No. 24967/2020, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and he shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. 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 investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The applicant shall deposit Rs.10,000/- in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today. 8. 7. The applicant shall deposit Rs.10,000/- in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today. 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. 10. 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 he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. 11. E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.