Elkar Singh vs State Of M.P.

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.358/2021 registered at Police Station Gwalior, District Gwalior for offence under

Sections 147, 148, 149, 452, 326, 323, 324, 294, 506-B of of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the battery of the auto of the complainant Banti @ Santosh

Rajput was stolen and accordingly, he had inquired from Rajesh in respect of theft, Rajesh refuted the allegations. On this issue, the applicant as well

as co-accused Ashok Gurjar, Rahul Gurjar, Santosh, Sunil, Anil, Manoj, Rajesh and elder brother of Ashok Gurjar came to his house alongwith Lathi,

Sword, iron pipes and started scolding that the complainant is falsely alleging against Rajesh. When it was objected by the complainant, then Ashok

Gurjar assaulted on his back by means of Sword, Sunil assaulted on the head of Suresh by means of iron pipes. Manoj and Akhil assaulted Kallu

Dhakad by means of Lathi and pipes. It is further alleged that all the accused persons extended the threat to his life. It is submitted that the applicant

has been falsely implicated being the relatives of co-accused persons. He is ready to co-operate with the Investigating Officer. The co-accused Smt.

Munnesh and Smt. Mayadevi have already been granted bail by this Court by order dated 26/07/2021 passed in MCRC No.35534/2021. The trial is

likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State as well as counsel for the complainant.

Considered the submissions made by the Counsel for the parties through video conferencing.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No. 1/2020 has directed all the States to constitute a High Powered Committee to consider the release of prisoners in order to decongest the

prisons. The Supreme Court has observed as under :

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID

â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus

within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of

the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of

Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For

instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which

prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the

maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid,

depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is

charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate.â€​

Considering the allegations, as well as considering the fact the deteriorating situation in view of second wave of Covid19 pandemic, and without

commenting on the merits of the case, it is directed that if the applicant appears before the Investigating officer on or before 16/08/2021 and furnishes

his personal bond in the sum of Rs. 1,00,000 (Rs. One Lac) to the satisfaction of the investigating officer, then he shall be released on bail. The

applicant shall also furnish an undertaking that he shall follow all the instructions which may be issued by the Central Govt./State Govt. or Local

Administration (General or Specific) from time to time for combating Covid19.

The other conditions of Section 438 Cr.P.C. shall remain the same.

This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall

automatically lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal

Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

C.C. As per rules.