Prem Chand Ojha vs State Of M.P

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 counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

This is first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail. Applicant is apprehending his arrest by Police Station Kotwali district Shivpuri, in connection with Crime No.300 of 2020 registered in relation to the offence punishable u/S.304 of IPC.

It is submitted by counsel for the applicant that the applicant has not falsely implicated in the case and he has not committed any offence. He further submits that the applicant is owner of the house in question which was under construction under the supervision of co-accused Ganesh Jatav. It is submitted that the incident had taken place at the time when the work of scentring was goigg on and owing to some mishappening, one of the labour died due to electrocution. The construction work is got done by the contractor under his supervision and the applicant is in no way responsible for any mishap. It is submitted that no offence under section 302 of IPC is made out against the applicant and at the most, the offence under Section 304 of IPC could be made out. He relied upon the judgment rendered by this court in the case of Sachin Kumar Jain Vs. State of M.P. reported in (2018) 2 ACC 605 wherein, considering the judgment rendered by Hon.

Apex Court in the case of Ambalal D.Bhatt Vs. State of Gujarat reported in AIR 1972 SC 1150, in similar circumstances, it has been held that at the most the offence under section 304 of IPC is made out. It is submitted that the applicant is ready to abide with all the conditions which may be imposed by this court while considering this bail application. He expressed his willingness to serve the national cause by making contribution of Rs.10,000/- in PM Care Fund. He further undertakes to perform community service by way of plantation and serve the national / environmental cause to purge his misdeeds if any by planting 10 trees and install Arogya Setu App. On these grounds and on the ground of Covid 19 Pandemic Scenario, the applicant prayed for grant of bail.

Per contra, learned counsel appearing for the State has fairly submits that the applicant is owner of the house in question and the working of construction is being carried out under the supervision of contractor. It is is submitted that the contractor is also absconding and not cooperating in the investigation. He prays for dismissal of the application.

The Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has issued directions to 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 - 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."

Considering the over all facts and circumstances of the case coupled with the fact that the applicant is owner of the house in question in which, construction work was being carried out by the contractor co-accused and at the relevant time, incident had taken place, as well as the alarming situation of Novel Corona Virus (COVID-19) and taking into consideration the directions issued by Hon'ble Supreme Court as stated herein above, this Court deems it appropriate to allow this application for grant of anticipatory bail.

Accordingly, this application is allowed. In the event of arrest, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of arresting officer. The applicant shall deposit Rs.10,000/- in PM CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release.

The applicant shall submit written undertaking that he 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 for a period of 30 days 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 shall make himself available for interrogation by a police officer as and when required. He shall further abide by all the conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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 seek unnecessary adjournments during the trial; and

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

The applicant shall 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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.

The applicant shall mark his attendance once in first week of every month before Police Station, Kotwali district Shivpuri till conclusion of investigation or trial as the case may be;

The applicant shall plant 10 samplings (small trees) of (NEEM, PEEPAL BUD AND JAMUN) and shall make necessary arrangement for nourishing them by timely watering, manuring and guarding them till they emerge as trees. He will also bring on record the photos of these trees after plantation;.

Application stands allowed and stands disposed of.

Applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

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.

CC as per rules.