Sachin @ Badshah vs The State Of Madhya Pradesh
2021 Latest Caselaw 4416 MP

                                 1                           MCRC-37480-2021
        The High Court Of Madhya Pradesh
                  MCRC-37480-2021
               (SACHIN @ BADSHAH Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 17-08-2021
      Heard through Video Conferencing.

      Shri R.K. Gupta, learned counsel for the applicant.
      Shri Ashish Patel, learned P.L for the respondent/State.

Thi s is repeat (fourth) bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. Earlier

bail applications were dismissed on merits.

The applicant is in custody since 07.03.2019 in connection with Crime No.112/2019, registered at Police Station-Cantt., District-Sagar (M.P.) for the offences punishable under Sections 341, 327, 329, 324/34, 394 and 397 of IPC.

O n asking from the applicant's counsel whether any change in circumstances in the case from the earlier rejection, he submits that while rejecting earlier bail application the the then Bench formed the statement of victim Pratap basis of rejection but now the trial of co-accused Ankit

and Upendra has been concluded by the trial Court disbelieving the testimony of victim Pratap vide order dated 23.03.2021. The trial Court acquitted the above-named co-accused persons. The case of present applicant is also on similar footing and it would not be justifiable to keep him in long incarceration. Besides the above, applicant is in custody since 07.03.2019. He has no previous criminal past. Charge-sheet has been filed and there is every possibility of consuming sufficient time in conclusion of trial.

O n the other hand, learned counsel for the respondent/State opposes the bail application submitting that while rejecting his earlier bail applications, the Court has considered each and every aspects.

2 MCRC-37480-2021 There is no sufficient change in circumstances to consider the instant bail application.

Heard.

On perusal of earlier rejection orders, it appears that the the then Bench has rejected the bail prayer of the applicant mainly on the ground

of statement of victim Pratap and the applicant is having criminal past. The learned counsel for the applicant has drawn attention of this Court towards the judgment of acquittal passed by the trial Court in relation to co-accused Ankit @ Upendra wherein the trial Court has disbelieved the TIP proceeding participated by the victim Pratap Ahuja. The case diary does not indicate any previous criminal record of the applicant.

Considering the aforesaid facts and change in circumstances of the case, it would be appropriate to allow this bail application filed under Section 439 of the Cr.P.C.

It is directed that applicant-Sachin @ Badshah be released on bail on furnishing his bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) w i th one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court.

T h i s order will remain operative subject to compliance of direction as given above and the following conditions by the applicants thereto :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial; 3 . The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;

3 MCRC-37480-2021

4. The applicant shall not commit any offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without previous permission of the Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

sp Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.18 17:59:57 +05'30'