Rajesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4406 MP

                                    1                         MCRC-40851-2021
        The High Court Of Madhya Pradesh
                  MCRC-40851-2021
                 (RAJESH SHARMA Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 17-08-2021
       Heard through Video Conferencing.
       Shri M.M. Tripathi, counsel for the applicant.
       Shri Ravindra Singh Kushwaha, learned Dy. Additional Advocate
General for the respondent/State.

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

grant of bail.

T h e applicant has been arrested on 19.07.2021 by Police Station Bhaguapura District Datia in connection with Crime No.44 of 2021 registered in relation to the offence punishable u/S.452, 294, 323, 326, 506 and 34 of IPC, It is alleged that the applicant is in custody since 19.07.2021. Investigation is over and charge sheet has been filed on 3.8.2021. It is submitted that co-accused Mohit Sharma has already been granted benefit of bail by this Court vide order dated 10.08.2021 passed in M.Cr.C. No.

39493/2021, therefore he seeks parity with co-accused. It is alleged that as per the prosecution story, the allegation against the present applicant is inflicting injury to the injured by means of hands and legs. The main injury is attributed to other co-accused. The incident has occurred on 14.05.2021 at 05.30 pm in the evening with respect to taking the mangoes from the common garden. At that time, when the accused party was stopped by the complainant party from taking the mangoes, all the four accused persons came there and started abusing them and have inflicted injuries. They entered into the house of the injured and the co-accused Rohit has inflicted injury by means of an axe on the forehead and Mahesh has inflicted injury by means of a lathi on the right hand. It is argued that in the medical report only two injuries are found over the body of the injured. Both the injuries are attributed to the other co-

2 MCRC-40851-2021 accused. He is ready to abide by all the terms and conditions that may be imposed by this Court. As charge sheet has already been filed in the matter, therefore, there is no further requirement of custodial interrogation of the present applicant. He prays for grant of bail.

Per contra, counsel for the State has opposed the application alleging therein that there is active participation of the applicant in commission of

offence. He entered into the house of the injured and has inflicted injuries by means and hands and legs. It is further submitted that the case of the applicant is not parity with other co-accused Mohit, as he is having no criminal history, whereas, the present applicant is having criminal history of seven cases. But he fairly submits that as per the medical report two grievous injuries which were attributed to the other co-accused persons.

At this stage, learned counsel for the applicant submits that prosecution has pointed out the criminal history of seven cases registered against him including the present case. Except the offence registered at Crime No. 33/2021 and the present case, he has been granted the benefit of bail in all other offences. The aforesaid statement be recorded for verification purpose.

Considering the over all facts and circumstances of the case and the facts that main allegation of inflicting grievous injuries is against co-accused coupled with the fact that charge sheet has been filed in the matter and taking into consideration the judgment passed by Hon'ble Apex Court in W.P. (C) No.1/2020 on 23.3.2020 and by the Division Bench of this court at Main Seat Jabalpur in W.P.No.9320 of 2021 on 17.5.2021 respectively, as stated herein above, this court deems it appropriate to allow this application. Accordingly, the present bail application is allowed. The applicant is directed to be released on bail and on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines 3 MCRC-40851-2021 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 :-

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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

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

7. If the applicant is found involved in any other case except present one, the bail granted to the applicant shall stand rejected without reference to the court;

8.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.

Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately 4 MCRC-40851-2021 and would intimate their place of residence to the SHO of concerned Police Station; where they reside. 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 (COVID-19) pandemic.

I n 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 applicant 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.

CC as per rules.

(VISHAL MISHRA) JUDGE

(LJ*)

LOKENDRA JAIN 2021.08.18 16:59:08 +05'30'