Pooran Dhakad vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

Applicant has filed this second bail application under Section 439 of Cr.P.C. for grant of bail. The earlier one was dismissed as withdrawn vide order

dated 08/12/20 passed in M.Cr.C. No.49093/2020.

The applicant has been arrested by Police Station Vijaypur District Sheopur in connection with Crime No.219/2016 registered in relation to the

offences punishable under sections 420, 467, 468, 471 of the IPC.

Allegations against the applicant, in short, are that he got an amount of Rs. 2,13,750/- transferred into his account from the bank account of Gram

panchayat Magardeh bearing number 53040560438 with the State Bank of India Mandi, Bijeypur Branch by procuring the password and forging the

corresponding EPO.

Learned counsel for the applicant submits that applicant aged 30 years has been falsely implicated in the present case. It is submitted that no alleged

offence is made out against the applicant. It is further submitted that investigation stands completed by filing of the charge sheet and further custodial

interrogation of the applicant may not be required. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in

custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant

in already congested prison may be detrimental. In order to prove his bonafide, learned counsel for the applicant submits that applicant is ready and

willing to deposit an amount of Rs. 2, 13, 750/- before the trial court under protest. The applicant is permanent resident of District Morena and there

are no chances of his absconding or tampering with the prosecution witnesses. The applicant is in custody since 23/10/2020 without any substantial

reason and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. Under these

grounds, applicant prays for grant of bail.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available

on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail subject to deposit of an amount of Rs. 2,13,750/- before the trial court and

on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the

satisfaction of the trial Court/committal Court.

The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus.

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

He will cooperate in the investigation/trial, as the case may be;

He 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/her

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

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

He will not seek unnecessary adjournments during the trial; and

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

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State Counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

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