Ashish Upadhyay vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 08.03.2021, in connection with Crime No.40/2021, registered at Police Station Atraila, District Rewa (MP) for the

offence punishable under Section 399, 400 & under Section 402 of IPC & under Section 25, 27 and 25-B of Arms Act and Section 11 and 13 of M.P.

Dakaiti Aur Vyapharan Prabhavit Ksherta Adhiniam, 1981 (M.P. D.V.P.D. Act).

A s per prosecution story, on 8.3.2021, accused/applicant and other co-accused were assembled along with other co-accused for the purpose of

making preparation for committing dacoity. At that time, Police officials reached on the spot. The applicant/accused and other co-accused were

caught red-handed by the Police. Baka was seized from his possession.

Learned counsel for the applicant submits that applicant/accused has been falsely implicated in this case. The applicant/accused is not previously

convicted. He is in custody since 8.3.2021. Charge sheet has been filed. It is the time of Covid-19 pandemic. Conclusion of trial will take time. There

is is no probability to repeat the said offence. The applicant is the only bread earner of his family and if he is kept in custody for an unlimited period,

then future of his family will be spoiled. There is no possibility of his absconding or tampering with the prosecution evidence. 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.

Per-contra, learned Panel Lawyer for the respondent-State submits that accused/applicant has previous criminal antecedent under, therefore, he is not

entitled for bail.

After hearing arguments of the parties and the fact that the applicant/accused is not previously convicted, so there is no probability to repeat the

offence, it is alleged by the prosecution that one Baka has been seized from the possession of the applicant, the applicant is in jail since

8.3.2021,charge sheet has been filed, conclusion of trial will take time, the applicant is only bread earner of his family, there is no probability of his

absconding or tampering with the prosecution evidence, it would not be appropriate to keep the accused/applicant in jail during whole trial, therefore

without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is

hereby allowed.

It is directed that applicant-Ashish Upadhyay be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with

one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by

the concerned Court. I 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 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 :-

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.