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2022 DIGILAW 292 (MP)

Deepak Kumar Jaiswa v. State of Madhya Pradesh

2022-02-21

VISHAL MISHRA

body2022
JUDGMENT Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. The applicant has been arrested on 08.02.2022 by Police Station Omti, District Jabalpur (M.P.) in connection with Crime No.326/2021 for the offence punishable under Sections 34 (2) and 42 of the Excise act. It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. There is no recovery from the possession of the present applicant. applicant is the first offender. applicant has been implicated only on the basis of the statement given by the owner-Sukdev Patel of the vehicle. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that he was driver of the vehicle which is clarified in the statement given by the owner of the vehicle. There is no recovery from the present applicant. Charge sheet has been filed in the matter. He has remained absconded for a considerable period and proceedings under Section 82 of the Cr.P.C. With great difficulties he was taken into custody and have already been drawn against the present applicant. applicant being the first offender is not disputed by the State counsel. Considering the overall facts and circumstances of the case and the fact that there is no recovery from the possession of the present applicant and without commenting upon the merits of the case, this application is allowed subject to verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court. The applicant shall submit written undertaking that he will 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. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled. 5. The applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court; 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. 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 applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence. Application stands allowed and disposed of. Certified copy as per rules.