Sunil Baghel vs State Of Madhya Pradesh

This is first bail application u/S.439 CrPC filed by the petitioner for grant of bail.

The petitioner has been arrested on 01.08.2020 by Police Station Dabra, District Gwalior (M.P.) in connection with Crime No.658/2011 registered in relation to the offences punishable u/Ss.420, 34 of IPC & Section 6 of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam 2000.

Learned Panel Lawyer for the State 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.

Petitioner is alleged with aforementioned offences with the allegation that petitioner was an agent of the so called financial institution which duped number of depositors into parting with their hard earned money with assurance of returning these depositors in greater quantity.

Counsel for the State reveals that further investigation against the petitioner under Section 173 (1) is pending.

It is also seen from the record that petitioner has been implicated based on confessional statement of the co-accused.

Counsel for the petitioner has also brought to the notice of this Court that co-accused Ramsewak and Damodar who had been arrested earlier has since been acquitted by judgment of acquittal dated 07.08.2019 copy of which is on record.

Considering the above and the fact that early conclusion of the trial is a bleak possibility and prolonged pre- trial detention being an anathema to the concept of liberty and the material placed on record does not discloses possibility of petitioner fleeing from justice and looking to the ongoing Covid-19 pandemic crises, this Court is inclined to extend the benefit of bail to the petitioner.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner 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 the like amount to the satisfaction of the concerned Magistrate.

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

The petitioner will comply with all the terms and conditions of the bond executed by him;

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

The petitioner 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;

The petitioner shall not commit an offence similar to the offence of which they are accused;

The petitioner will not seek unnecessary adjournments during the trial;

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

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.

The petitioner has gracefully volunteered to donate Rs.5000/-(Rs. Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of release.

The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner.[ याचिकाकर्ता एक शिक्षा सवयंसोवक के रूप में अपने निवास के निकअ आवासित सरकारी प्राथमिक विद्यालय में सवचदता ओर आरोगय को सुनिश्चित करने के लिए शारीरिक एवं विततीय सहायता प्रदान करेगा ताकि अपने कोशल व संसाधनों से उकत विद्यालय में अवसंरचनातमक सुविधाओं की कमियों को दूर करेगां]

The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [याचिकाकर्ता एक विशिष्ट सरकारी स्कूल का चयन करने के पश्चात् इसके बारे में ग्राम पंचायत के कार्यालय (ग्रामीण क्षेत्र के मामले में) और/या सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) जिसके क्षेत्राधिकार में उक्त स्कूल अवस्थित है, को सूचित करेगा।]

It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner and pass it on the concerned PLV. [यह सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) और/या उक्त ग्राम पंचायत के सरपंच और सचिव (ग्रामीण क्षेत्र के मामले में) की संयुक्त जिम्मेदारी होगी कि, याचिकाकर्ता द्वारा प्रदत्त सूचना को संरक्षित करे एवं सम्बंधित पी एल वी को हस्तांतरित करें।]

The registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.

A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether petitioner has complied with condition No.9 or not and submit report once every month.

In case, report regarding condition No.9 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.