Devendra vs State Of M.P

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case-diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 21/09/2020 by Police Station- Raun, District- Bhind (M.P.) in connection with Crime No.122/2018 registered in relation to the offences punishable under Sections 392 and 34 of the IPC and Sections 11/13 of the MPDVPK Act.

Allegation against the applicant, in short, is that on 02/04/2018 at about 11.00 am Bharat Band Rally was taken out. At that time, applicant along with other co-accused persons came on the shop of the complainant and started abusing him filthy and asked him to close the shop and took Rs.5,000/- from the cash box. On the aforesaid basis, crime has been registered against the applicant.

Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 07/09/2020. It is further submitted by the learned counsel for the applicant that charge-sheet has been filed and no further custodial interrogation is required in the matter. Offence is triable by the JMFC. Earlier vide order dated 30/01/2019, Government had decided to withdraw all such type of cases but subsequently when the Government changed, the order could not be passed. Applicant surrendered himself before the Trial Court. It is also submitted by the learned counsel for the applicant that in view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District- Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Additional Advocate General for the respondent/State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record,no case for grant of bail is made out.

At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.5,000/-(Rupees Five Thousand Only) in the account of the High Court Bar Association, Gwalior.

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 local solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all 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.

It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.5,000/- (Rupees Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lock down and restrictive functioning of the Courts owing to ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The applicant shall submit an attested photocopy of such receipt before the concerned Court for placing the same on record.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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;

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

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

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.

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

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.