Dayalsingh @ Riyal Singh Bhilala vs State Of Madhya Pradesh

Rohit Arya, J

This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 16/09/2020 in connection with Crime No.21/2020 registered at P.S.,Oon, District-Khargone for offence punishable under Section 420, 419 of IPC.

As per the prosecution story, on inspection conducted on 23/01/2020 by the Deputy Collector, it was found that the co-accused Rameshwar unauthorizedly appointed the applicant to take classes in his place at Primary School Village Devli Kiradiya Phalya as a teacher on a monthly remuneration of Rs.4,000/-. The applicant was involved in commission of fraud with the co-accused. Accordingly, case has been registered.

Shri Gupta, learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Even otherwise, applicant has already suffered jail incarceration since 16/09/2020. He has no criminal antecedents. He refers that the co-accused Rameshwar has been enlarged on bail by this Court vide order dated 29/08/2020 passed in M.Cr.C. No.30568/2020, therefore, he seeks parity. Due to long jail incarceration the family is in penury and living under most precarious financial conditions. Due to Covid-19 the possibility of delay in conclusion of trial cannot be ruled out. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

Per contra, Shri Dubey, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned. However, he fairly submits that there are no criminal antecedents.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is a member of Scheduled Tribe community and suffered jail incarceration since 16/09/2020 with no criminal antecedents and the possibility of delay in conclusion of trial cannot be ruled out, hence in the fitness of things, as well as maintaining parity with the co-accused Rameshwar (supra), applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his presence before the concerned Police Station on every 2nd and 4th Saturday of every month between 10.00 AM to 12.00 Noon.

(ii) The applicant shall report to the Collector, Khargone on the next day of his release. Thereafter, Collector, Khargone at his discretion shall assign him duties of social worker either in orphanages, Vriddha Ashram or Vidhwa Ashram for four hours every day except Sunday for a period of two months subject to relaxation as deemed necessary and expedient. The applicant shall sign attendance sheet for reporting time and departing time from duty.

(iii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iv) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(v) violation of conditions, State is free to apply for cancellation of bail.

Learned Govt.Advocate is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.