Rahul Rajawat vs State Of Madhya Pradesh

Vishal Mishra, J

This is third bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. Earlier bail applications were dismissed as withdrawn vide orders

dated 09.11.2020 and 03.02.2021 passed in M.Cr.C. Nos. 42422/2020 and 3426/2021.

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.

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

Gwalior in connection with Crime No.103/2020 registered in relation to the offence punishable under Sections 25/27 of Arms Act.

It is submitted by the counsel for the applicant that he has been falsely implicated in the case. He has not committed the offence in any manner. It is

alleged that there is a recovery of a country made pistol from the possession of the present applicant as per the prosecution story, but he submits that

there is a recovery of eight country made pistols and live cartridges from a bag which was carried out by the present applicant along with other co-

accused persons in the vehicle. Counsel for the applicant submits that co-accused Aman Parihar and Sharad Jha have already been granted the

benefit of bail by this Court in M.Cr.C. Nos. 35529/2020 and 37092/2020 vide orders dated 25.09.2020 and 05.10.2020 respectively. It is further

submitted that as far as criminal history of the present applicant is concerned, the prosecution has pointed out that eight cases have been registered

against the present applicant out of which six cases he has already been acquitted in the matter and rest two cases he is on bail. Charge sheet has

already been filed in the matter. He is in custody since 01.09.2020. The applicant is ready to abide by all the terms and conditions as may be imposed

by this Court. Upon these grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that applicant is a habitual offender and he is having criminal history of eight

cases. However, he fairly submits that charge sheet has been filed in the matter.

The Supreme Court by order dated 23-3-2020 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€​

Taking into overall facts and circumstances of the case and also considering the custody period of present applicant coupled with the fact that

applicant has already been acquitted in six cases, this Court deems it appropriate to allow this application, accordingly, the application is allowed. The

applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety

of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and he shall 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by

this Court shall automatically cancelled.

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 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 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.

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 applicants 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.