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2022 DIGILAW 476 (MP)

Vipul Kumar Dwivedi v. State of Madhya Pradesh

2022-03-24

VISHAL MISHRA

body2022
JUDGMENT Vishal Mishra, J. - This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier application was dismissed as withdrawn vide order dated 16.02.2022 passed in M.Cr.C.No.7246/2022. The applicant has been arrested on 14.01.2022 in connection with Crime No.16/2022 registered at Police Station Kotwali, District Balaghat (M.P.) for the offence punishable under Sections 457, 380, 201 & 34 of IPC. It is alleged that the applicant has not committed any offence in any manner. He has been falsely implicated in the case. The applicant is in custody since 14.01.2022. Charge-sheet has been filed in the matter on 09.03.2022. Therefore, there is no further requirement of custodial interrogation of the applicant in the matter. as far as criminal past of the present applicant is concerned, he has one more criminal past including this case but it is for minor offences. He has placed reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648 , wherein it is held that the criminal past should not be sole ground for rejection of the bail application. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail. Per contra, learned counsel appearing for the State has vehemently opposed the application stating that the present applicant is having a criminal history of two cases including the present one. It is argued that looking to the criminal past of the present applicant, no case for grant of bail is made out. Hence, he has prayed for dismissal of bail application. Considering the overall facts and circumstances of the case and placing reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari (supra), this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.1,00,000/-(Rupees One Lac Only) with two local sureties in the like amount to the satisfaction of trial Court. The applicant be released on bail on furnishing surety bond of Rs.1,00,000/-(Rupees One Lac Only) with two local sureties in the like amount to the satisfaction of trial Court. 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. 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 involve any other offence in future, 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 . 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. Application stands allowed and disposed of. Certified copy as per rules.