Keshav vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard the learned counsel for the parties.

The applicant has filed this third application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 16.09.2020 by Police Station

in connection with Crime No.164/2020 registered in relation to the offence punishable u/Ss. 323, 324,

452, 294, 506 B of IPC and further added Sections 326 and 325 of IPC..

It is submitted by the counsel for the applicant that the first bail application and the second bail application were dismissed as withdrawn by this Court

vide orders dated 12.10.2020 & 04.12.2020 passed in M.Cr.C.No.39094/2020 and M.Cr.C.No.44768/2020 respectively. It is submitted that co-

accused Pyarelal and Hariom have already been enlarged on bail by this Court vide orders dated 12.10.2020 passed in M.Cr.C.No.39094/2020 and

27.01.2021 in M.Cr.C.No.1176/2021 respectively and the case of the applicant is identical to that of co-accused Pyarelal and Hariom. There is no

criminal antecedent against the present applicant. The applicant is ready to abide by all the terms and conditions that may be imposed by this court

while considering the application for grant of bail. The applicant has also shown his willingness to contribute an amount of Rs.5000/- (Rs. Five

Thousand) towards the benefit of children residing in Mercy Home, Gwalior. There is no possibility of his absconding or tampering with the

prosecution case. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant on the ground of parity.

Per contra, learned Panel Lawyer for the State has opposed the bail application. But she fairly submits that there is no criminal antecedent against the

present applicant. The State counsel could not dispute the factum of parity with the co-accused Pyarelal and Hariom.

The Hon'ble Supreme by order dated 23.03.2020 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 Level 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 under trial 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 overall facts and circumstances of the case and also the fact that the co-accused Pyarelal and Hariom have already been enlarged on

bail and submission made by the counsel for applicant that the applicant has gracefully volunteered to donate Rs.5000/- towards benefit of children

residing at Mercy Home, Gwalior, for their benefit during this Covid-19 pandemic scenario, this Court deems it appropriate to allow this application.

The application is allowed subject to verification of the fact that there is no criminal antecedent against the present applicant. The applicant is directed

to be released on bail only on submission of receipt of deposit of Rs.5000/- (Rs.Five Thousand) with the Administrator of Mercy Home Gwalior in the

Account No.51432040002780 IFSC Code-PUNB0514310 of Punjab National Bank, Branch Gwalior, Mansik Arogyashala, Jail Road, Gwalior, and on

furnishing surety bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation

Officer/trial Court, as the case may be with submission of written undertaking and the applicant will abide by all terms and conditions of the different

circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not move in the vicinity of complainant party and the applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall

inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.