Bala @ Upendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1559 MP

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               HIGH COURT OF MADHYA PRADESH
                           MCRC-42813-2019
             (BALA @ UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 24.04.2021

      Heard through video conferencing.

      Shri Babooji Chorasiya, learned counsel for the applicant.

      Shri     Shahrukh     Riyaz,    learned   Panel    Lawyer      for   the

respondent/State.

Learned counsel for the rival parties are heard.

This is first bail application u/S.439 Cr.P.C. filed by the applicant

for grant of bail. Applicant has been arrested on 31.08.2019 by Police

Station Motinagar, District Sagar (M.P.) in connection with Crime

No.105/2019 registered in relation to the offence punishable u/Ss. 394

of IPC.

It is submitted that the applicant has falsely been implicated in

the present case on the basis of statement recorded under Section 27 of

Evidence Act of co-accused. He has not committed any offence in any

manner. It is submitted that neither the TIP nor the recovery have been

made by the prosecution. It is fairly submitted by counsel for the

applicant that two other cases have been registered against the present

applicant in which in one case he has already been acquitted vide

judgment dated 23.03.2021 in ST No. 179/2019 and another case he

has been bailed out in M.Cr.C. No.39055/2019 vide order dated

24.09.2019. It is submitted that in the present case the complainant has

not supported the prosecution story and has turned hostile in the

matter. The applicant is ready to abide by all the terms and conditions

HIGH COURT OF MADHYA PRADESH MCRC-42813-2019 (BALA @ UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

which may be imposed by this court while considering the application

for grant of bail.

Learned Panel Lawyer for the State opposed the application

stating that he has been rightly implicated in the present case. It is

further argued that in compliance of earlier Court's order, the report has

has been filed to the effect that there is no TIP has been conducted and

there is no recovery from the applicant by the prosecution. He could

not dispute the fact that the complainant has turned hostile in the

matter. It is further argued that as per the case diary, the applicant is

shown to be a first offender, whereas, counsel for the applicant fairly

pointed out before this Court that he has already been acquitted in one

case and another case, he has been bailed out, therefore, the

information given by the concerning SHO to the AG Office is

incorrect.

Considering the overall facts and circumstances of the case and

and considering the Covid-19 pandemic scenario, this Court deems it

appropriate to allow the bail 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

HIGH COURT OF MADHYA PRADESH MCRC-42813-2019 (BALA @ UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

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.

Let the matter be brought to the notice of the Superintendent

of Police, Motinagar, District Sagar to enable him to take an

appropriate against the concerning SHO, who has given the

incorrect information to the AG Office.

Let the compliance report be submitted before the Registry of

this Court within a period of one month.

This order will remain operative subject to compliance of the

following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of

the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case

may be;

3. 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;

4. The applicant shall not commit an offence similar to the offence

of which he is accused.

HIGH COURT OF MADHYA PRADESH MCRC-42813-2019 (BALA @ UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

7. 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.

A copy of this order be sent to the concerning S.P. For necessary

compliance.

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

compliance.

                                                    (Vishal Mishra)
LJ*/-                                                   Judge
             LOKENDRA
             JAIN
             2021.04.24
             17:31:52 -07'00'