Mithun Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4592 MP

    1      THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.39791/2021
                 Mithun Yadav vs. State of M.P.

Gwalior, Dated:24/08/2021

        Shri Deepak Shrivastava, Advocate for applicant.

        Shri Naval Kishore Gupta, Public Prosecutor for the

respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 25.03.2021 in connection

with Crime No.40/2021 registered at Police Station Dursada Datia,

District Datia for offence under Section 8/20 of NDPS Act.

It is submitted by the Counsel for the applicant, that according

to the prosecution case, 11 kg 300 gm of Ganja plants have been

seized from the possession of the applicant. It is further submitted

that in fact, the police is out and out to falsely implicate the present

applicant. Within span of four days, as many as three crimes

including present one have been registered against the applicant.

Crime No.133/2021 has been registered at Police Station Kotwali

Distt. Datia for offence under Sections 294, 307, 323, 34 of IPC and

it is alleged that four persons fired on the complainant, but he

escaped unhurt. The present offence was registered against the

applicant on 24.03.2021. Similarly, Crime No.142/2021 has been

registered against the applicant on 25.03.2021 in Police Station 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.39791/2021 Mithun Yadav vs. State of M.P.

Kotwali Distt. Datia for offence under Sections 399, 400, 402 of IPC

read with Section 11/13 of MPDVPK Act and Sections 25, 27 and

25(1-B) of Arms Act. It is submitted that so far as the other criminal

cases which were registered against the applicant are concerned, one

offence was registered in the year 2012 for offence under Sections

323, 294, 327, 506 Part-II, 34 of IPC, another offence was registered

in the year 2012 for offence under Sections 427, 336, 294, 34 of IPC,

another offence was registered in the year 2013 for offence under

Sections 307, 34 of IPC and under Section 25/25 of the Arms Act,

one offence was registered in the year 2015 for offence under

Sections 327, 324, 294, 427, 506 Part-II, 341, 34 of IPC and two

offences were registered in the year 2017 for offence under Sections

336, 294, 506, 34 of IPC and under Sections 323, 294, 506, 34 of IPC

and under Section 3(2) (v) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act respectively. Thus it is clear that after

2017 no offence was registered against the applicant and now three

false cases including the present case have been registered against the

applicant. It is further submitted that this Court by order dated

18.8.2021 passed in M.Cr.C.No.37817/2021 has granted bail to Lalji

Malaiya. The Trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution

case.

     3      THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.39791/2021
                 Mithun Yadav vs. State of M.P.

Per contra, the application is vehemently opposed by the

Counsel for the State. After going through the police case diary, it is

submitted by the counsel for the State that 11 kg 300 gm of Ganja

plants were seized from the joint possession of the applicant and the

co-accused Deepak. After going through the copies of the FIR filed

by the applicant of Crime No.133/2021, 40/2021 (present case) and

142/2021, it is fairly conceded that it appears that three criminal

cases were registered against the applicant within span of four days.

Considered the submissions made by the Counsel for the

parties.

The Supreme Court by order dated 23-3-2020 passed in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the

States to constitute a High Powered Committee to consider the

release of prisoners in order to decongest the prisons. The Supreme

Court has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal 4 THE HIGH COURT OF MADHYA PRADESH MCRC No.39791/2021 Mithun Yadav vs. State of M.P.

Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the allegations, as well as considering the fact that

in view of second wave of Covid19 pandemic, it is also necessary to

decongest the jail, and without commenting on the merits of the case,

it is directed that the applicant be released on bail, on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rs. One Lac) with one

surety in the like amount to the satisfaction of the Trial Court or

C.J.M. or Remand Magistrate (Whosoever is available). The

applicant shall also furnish an undertaking that he shall follow all the

instructions which may be issued by the Central Govt./State Govt. or

Local Administration (General or Specific) from time to time for 5 THE HIGH COURT OF MADHYA PRADESH MCRC No.39791/2021 Mithun Yadav vs. State of M.P.

combating Covid19.

The Supreme Court in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has

directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.

Accordingly, it is directed that before releasing the

applicant, the jail authorities shall get the applicant examined by

a competent Doctor and if the Doctor is of the opinion that his

Corona Virus test is necessary, then the same shall be conducted.

If the applicant is not found suspected of Covid19 infection or if

his test report is negative, then the concerned local

administration shall make necessary arrangements for sending

the applicant to his house as per the directions issued by the 6 THE HIGH COURT OF MADHYA PRADESH MCRC No.39791/2021 Mithun Yadav vs. State of M.P.

Supreme Court in the case of IN RE : CONTAGION OF COVID

19 VIRUS IN PRISONS (Supra), and if he is found positive then

the applicant shall be immediately sent to concerning hospital for

his treatment as per medical norms. The applicant is further

directed to strictly follow all the instructions which may be issued

by the Central Govt./State Govt. or Local Administration for

combating Covid19. If it is found that the applicant has 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 in

custody and would send him to the same jail from where he was

released. The applicant is further directed to supply a copy of

this bail order to the police station having jurisdiction over his

place of residence.

The other conditions of Section 437, 439 Cr.P.C. shall remain

the same.

This order shall remain in force, till the conclusion of Trial. In

case of bail jump, or violation of any of the condition(s) mentioned

above, this order shall automatically lose its effect.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on 7 THE HIGH COURT OF MADHYA PRADESH MCRC No.39791/2021 Mithun Yadav vs. State of M.P.

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.08.25 15:05:46 +05'30'