Mahesh Kumar Maurya vs State Of M.P

G.S. Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 28.7.2021 passed in M.Cr.C.No.36932/2021.

The applicant has been arrested on 13.12.2020 in connection with Crime No.513/2020 registered at Police Station Padav, District Gwalior for offence under Sections 304, 420, 465, 467, 468, 471 and 34 of IPC.

I.A.No.31698/2021 has also been filed for grant of interim bail on the ground that the father of the applicant is suffering from Ulcer and the Doctors have also expressed the possibility of Cancer, therefore, in order to raise funds, the applicant and his brother have decided to alienate their property and for the purposes of execution of the said sale deed, the applicant may be granted temporary bail for a period of one week, so that he can appear before the Office of Sub Registrar.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that the first bail application of the applicant has already been rejected on merits by order dated 28.7.2021 passed in M.Cr.C.No.36932/2021 and the applicant can be sent in police custody for execution of sale deed.

In reply, it is submitted by the counsel for the applicant that nowadays, a slot is allotted for the execution of the sale deed and, therefore, the applicant would be required to appear before the Office of Sub Registrar on the said date and thus he may be granted temporary bail for a period of one week.

Heard the learned counsel for the parties.

So far as the question of grant of temporary bail is concerned, it is the case of the applicant that in order to make arrangements for money for treatment of his father, they are required to alienate the property and for that purposes, the presence of the applicant is required before the Sub Registrar at the time of the slot which will be given by the authorities. Accordingly, it is directed that after the slot is allotted by the authorities, the applicant shall produce the said documents before the Jail Authorities and the Jail Authorities shall send the applicant in police custody, so that he can execute the sale deed as per the agreement to sell.

So far as the merits of the case are concerned, the applicant is alleged to have introduced the relatives of patient Manoj Gupta with Ajay Tyagi who supplied spurious plasma to relatives of Manoj Gupta who was already suffering from Covid-19 and was seriously ill and was hospitalized in Apollo and when the Doctors started giving plasma to the patient, they noticed reaction and, therefore, it was immediately stopped and Manoj Gupta ultimately expired on 10.12.2020.

Considering the totality of the facts and circumstances of the case, no case is made out for grant of bail on merits.

The application fails and is hereby dismissed.