Devendra @ Chela vs State Of Madhya Pradesh

Rohit Arya, J

This is second repeat bail application under Section 439 Cr.P.C filed on behalf of the applicant.

The applicant is in custody since 23/07/2022 in connection with Crime No.53/2015 registered at Police Station Porsa District Morena (M.P.) for the offences punishable under Sections 399, 400 and 402 of the IPC, Section 11/13 of the MPDVPK Act and Section 25/27 of the Arms Act.

It is a case of bail jump.

The applicant was enlarged on bail by this Court on 29/07/2015 disposing of M.Cr.C. No. 7194/2015 arising out of the same crime number. Though, the applicant attended the proceedings before the Trial Court since 2015 regularly, however, due to ignorance or inadvertence applicant remained absent on 29/03/2022 which resulted into cancellation of bail bond and issuance of arrest warrant.

Consequently, he could be arrested as late as 23/07/2022.

Learned counsel for the applicant submits that applicant is innocent. To earn his livelihood, he had gone to Ahemdabad to do labour work. Hence, his absence was not with any motive. Applicant is in custody since 23/07/2022. Hence, he may be enlarged on bail on such terms and conditions this Court deems fit and proper.

P e r contra, learned Public Prosecutor opposes the bail application supporting the order impugned with submission that applicant is having eleven criminal cases constituting criminal antecedents. After enlarging on bail, he committed a crime in 2020 and FIR was registered against him for the offence punishable under Sections 457 and 380 of the IPC. Thus, the applicant has criminal tendency, therefore, no exception can be taken in the matter of grant of bail.

At this stage, learned counsel for the applicant submits that the applicant is voluntarily ready and willing to part with Rs.25,000/- (Rupees Twenty Five Thousand Only) with Principal Registrar of this Court, Gwalior (M.P.) for being utilized to extend basic amenities to the inhabitants of Vriddha-ashram and Vidhvashram. But the said deposit amount may not prejudice his right to defence in the pending trial.

Upon hearing learned counsel for the rival parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the single default of absence occurred on 29/03/2022 and thereafter applicant has suffered four months incarceration, this Court is of the view that applicant may be enlarged on bail but with stringent conditions.

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 Lac 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 attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with the Registry of this Court, Gwalior (M.P.) by way of bank draft of nationalized bank in the name of Principal Registrar of this Court. The amount so deposited shall be utilized for welfare activities of the Vradhaashram and Vidhvaashram in Gwalior for which this Court has already constituted committee of learned advocates comprising Shri Deepak Khot, Government Advocate and Smt. Nidhi Patankar, Advocate. The learned Members of the Bar shall spend the money as per requirement of Vradhaashram and Vidhvaashram in Gwalior. The receipts of the items so purchased shall be deposited with the Principal Registrar of this Court. The amount so deposited by the applicant shall have no bearing in the pending trial and shall not prejudice the right of the defence of the applicant.

(iii) the applicant shall 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);

( i v) 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 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;

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

(vi) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuses the bail granted by this Court, this bail order shall stand cancelled automatically.

Learned Panel Lawyer 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.

E-certified copy as per rules.