K.P. Yadav vs State Of M.P

Vishal Mishra, J

The present petition has been filed under Section 482 of Cr.P.C. for deleting the condition of subject to verification of the fact that he is having no criminal antecedents as imposed by this Court in M.Cr.C.No.13218/2021 vide order dated 25.3.2021. It is observed that the application was allowed subject to verification of the fact that he is having no criminal antecedent.

At the time of filling up the bail bond, it is found that the present petitioner K.P. Yadav is having a criminal history of one case registered at Crime No.247/2019 of Police Station Badoni, District Datia for the offence under section 379, 411 of IPC. The aforesaid fact could not be brought to the notice of the Court. He submits that inadvertently due to error the statement was made before this Court that the petitioner is having no other criminal antecedent. Owing to the statement made before this Court, this Court has observed that subject to verification of the fact that the petitioner is having no criminal history, the bail application was allowed. It is argued that the statement was made by the counsel but for such a statement, the counsel appearing for the petitioner tendered his apology. He submits that he should not make a such statement before this Court if he was unaware of the facts. It is argued that looking to the offence, the application should be allowed and the condition should be deleted. He submits that some cost may be imposed upon the applicant/petitioner and the application should be allowed and he should not be confined to jail once he has already been enlarged on bail owing to the condition incorporated by this Court.

Per contra, learned Panel Lawyer for the State has opposed the petition stating that the petitioner is having a criminal history of one case registered at Crime No.247/2019 of Police Station Badoni, District Datia for the offence under section 379, 411 of IPC. Hence, he has prayed for rejection of the application. At the time of consideration of the bail application, a statement was made by the counsel for the petitioner that the petitioner is having no other criminal antecedent and considering the aforesaid, the bail application was allowed but when the bail bonds were to be furnished, on verification it was found that the applicant/petitioner is having an another case registered. The aforesaid statement made by the counsel before this Court amounts to suppression of material information before this Court, but considering the fact that another case is registered against the present petitioner, this Courts deems it appropriate to allow this petition.

Taking into consideration the overall facts and circumstances of the case, the Court deems it appropriate to allow the petition and the condition imposed by this Court in the order dated 25.03.2021 passed in M.Cr.C.No.13218/2021 to the effect that "subject to verification of the fact that he is having no criminal antecedent" stands deleted subject to payment of cost of Rs.25,000/- (Rs. Twenty Five Thousand Only) by the petitioner to be deposited to 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 the presentation of deposition of the aforesaid cost amount, the order dated 25.03.2021 passed in M.Cr.C.No.13218/2021 will be executed and release warrant be prepared.

The rest conditions of the order dated 25.03.2021 passed in M.Cr.C.No.13218/2021 regarding the applicant/petitioner shall be kept intact.

The order passed in the present petition shall be read conjointly with the order dated 25.03.2021 passed in M.Cr.C.No.13218/2021.

With the aforesaid modification, this petition is disposed of.

A copy of this order be kept in the record of M.Cr.C.No. 13218/2021.

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