Alok Pratap Singh vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 19.05.2021 by Police Station Daboh, Bhind in connection with crime No.20/2019 registered for the offence

punishable under Section 420 of IPC.

Allegation against the applicant and other co-accused persons in short are that they received Rs.5,50,000/- each from three persons totalling to

Rs.16,50,000/- in lieu of getting a job in the Railway but neither the complainant got the job nor the money has been returned to them. On the basis of

aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant is aged about 25 years and has been falsely implicated in the case. He is in custody since

19.05.2021. Charge sheet has been filed and no further custodial interrogation is required in the matter. The present applicant had not taken any

money from the applicant in lieu of getting job. The complainants have implicated all the persons of the family of the applicant. However, co-caused

Vijay Bahadur Rajawat has taken the money. Maximum punishment prescribed for Section 420 of IPC is seven years. Office is triable by JMFC. It is

further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. Trial is also held

due to COVID-19 and its conclusion in near future is not possible. In view of the guidelines issued by the Division Bench of this Court at Principal

Seat Jabalpur for de-congesting the jail due to COVID-19 pandemic, the applicant is entitled for bail. The applicant is the only bread earner of the

family. He is permanent resident of District Bhind. There is no likelihood of his absconsion, if released on bail. The applicant is ready to abide by all

the terms and conditions as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor appearing for the respondent/State opposed the application and prays for its rejection by contending that on the basis of the

allegations and material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case, coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the

trial Court/committal Court for her appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking

before the concerned court that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid

proliferation of Corona virus.

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant will not seek unnecessary adjournments during the trial; and

5.The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

6.The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without

further reference to the Bench.

A copy of this order be sent to the Court concerned for compliance.

Certified copy/E-copy as per rules.