Rajesh Singh And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicants have been arrested on 07/4/2021 in connection with POR No.8852/2004 registered at Forest Department Devari, District Morena for offence under Sections 27, 29, 50, 51 and 52 of Wild Life Protection Act and Sections 41 and 52 of Indian Forest Act.

It is submitted by learned counsel for applicants Rajesh Singh & Dharmendra Singh Sikarwar that the applicants have been falsely implicated. They have not committed any offence. Applicants have already been granted bail by this Court in Crime No.26/2021 registered by Police Station Devgarh, District Morena for offence under Sections 379 and 414 of IPC and for the same incident present case has been registered by the Forest Department Devari, District Morena. As two cases have been registered by different investigating agency for the commission of same offence and in Crime No.26/2021, this Court had already granted bail to the present applicants by orders dated 28/4/2021 and 06/5/2021 passed in MCRC Nos. 20041/2021 and 22147/2021 respectively, therefore, prayed to allow the present bail application.

Learned State counsel opposed the bail application and has submitted that there is criminal history of one more case against the present applicants.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the applicants and without commenting on merits of the case, the application is allowed and it is directed that the applicants be released on bail on each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Trial Court/Committal Court for their regular appearance before the Court on the dates given by the concerned Court.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

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

3 . The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence of which they are accused;

The applicants will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

6 . The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicants will inform the SHO of concerned police station about their 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 for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.