Dharmendra Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4719 MP

                                   1                          MCRC-36859-2021
        The High Court Of Madhya Pradesh
                  MCRC-36859-2021
               (DHARMENDRA AHIRWAR Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 26-08-2021
       Heard through Video Conferencing.

       Shri R.S. Bansal, counsel for the applicant.
       Shri K.S. Tomar, PP for the respondent/State.

In pursuance to the order dated 25.08.2021, Shri Amit Sanghi, Superintendent of Police, District Gwalior is present in person and has

assured that prompt action will be taken against the delinquent officers who was not sent the case diary before this Court despite three reminders were given by this Court and further assures that directions will be issued to Officer for sending the case diaries before the Court.

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

T he applicant has been arrested on 28.01.2021 by Police Station Dabra, Dehat, District Gwalior in connection with Crime No.201 of 2019 registered in relation to the offence punishable u/Ss.392 of IPC and Sec.

11/13 of M.P.D.V.P.K. Act.

It is submitted that earlier bail application was dismissed on merits vide order dated 23.03.2021 passed in M.Cr.C. No.15805/2021. It is argued that on the basis of the written complaint made by the compliant, FIR was got registered and subsequently, when the statement was recorded, the involvement of the present applicant is show by the prosecution and he has been made an accused only on the basis of memorandum of co-accused. He fairly submits that he has been identified in the TIP and recovery of Rs.600/- from the present applicant.

As far as criminal history is concerned, applicant has criminal history of 9 cases out of which two cases were registered on the same day at Police Station Dehat, Dabra. He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Prabhakar Tewari Vs. State of U.P. and 2 MCRC-36859-2021 Anr. reported in (2020) 11 SCC 648, wherein the Hon'ble Supreme Court has held that bail applications should not be rejected on the basis of criminal antecedents.

Per contra, learned counsel for the State has opposed the bail application stating that applicant has been identified in TIP and there is a

recovery of 6 notes of Rs.100/- from the present applicant. It is further submitted that he is having a long criminal history of 9 cases in which offence under Section 302 of IPC was also registered against him.

At this stage, he submits that he has already on bail under Section 302 of IPC and other offences. He further submits that initially FIR were got registered against the unknown person and he has been implicated in the aforesaid cases only on the basis of memorandum of co-accused. The applicant is ready to abide with all the terms and conditions as may be imposed by this court while considering this bail application. Charge sheet has been filed in the matter. Further, looking to the act of applicant in the present case, counsel for the applicant prayed for grant of bail. He also shown his willingness to render his services during this COVID 19 pandemic scenario.

Considering the over all facts and circumstances of the case and also the facts that charge sheet has been filed in the matter coupled with the fact that looking to the period of custody, this court deems it appropriate to allow this application. The applicant is directed to be released on bail and on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one local 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 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.

3 MCRC-36859-2021 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. The applicant is directed to render his services and get himself registered as a Covid Warrior with the Collector, District Datia to enable him to render his social services at District Hospital, Datia under the supervision of the Superintendent of the Hospital, District Datia for a period of three months from the date of registration as a Covid Warrior. He will get himself registered within a period of seven days from the date of his release.

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 and would intimate their place of residence to the SHO of concerned Police 4 MCRC-36859-2021 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 2021.08.28 14:29:14 +05'30'