Vikas Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3124 MP

Citation : 2021 Latest Caselaw 3124 MP
Judgement Date : 9 July, 2021

Madhya Pradesh High Court

Vikas Singh vs The State Of Madhya Pradesh on 9 July, 2021

Author: Rajeev Kumar Shrivastava

                                   1                           MCRC-33727-2021
        The High Court Of Madhya Pradesh
                  MCRC-33727-2021
             (VIKAS SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 09-07-2021
      Heard through Video Conferencing.

      Shri D.S. Tomar, learned counsel for the applicants.
      Shri    R.D.    Choubey,      learned    Public    Prosecutor     for   the
respondent/State.

Shri Jitendra Kumar Sharma, learned counsel for the complainant.

I.A. No. 20078/2021, an application for urgent hearing and I.A. No.20371/2021, an application under Section 301(2) of CrPC, are taken up, considered and allowed for the reasons mentioned therein.

Shri Jitendra Kumar Sharma, learned counsel and his associates are permitted to appear on behalf of the complainant to assist the State counsel.

The applicants have filed this first application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 21/06/2021 by Police Station Mahua, Distt. Morena (M.P.) in connection with Crime No.77/2020 registered for offence under Sections 308, 323, 294, 506, 34 of IPC and added Section

307 of IPC and Sections 25, 27 of Arms Act.

It is submitted by learned counsel for the applicants- Vikas Singh and Ashok Singh that the applicants have not committed any offence. They have falsely been implicated in this case. Applicant are innocent. Initially the case was registered under Sections 308, 323, 294, 506, 34 of IPC, and the applicants were granted relief in the light of judgment passed in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 . Thereafter, at the time of filing of charge-sheet Section 307 of IPC and Sections 25, 27 of Arms Act have been enhanced against the applicants. Investigation is complete and charge-sheet has been filed. Trial will take its own time. It is further submitted that in case of grant of bail the applicants are ready and willing to deposit a sum of Rs.2,000/- each with the Registry of this Court which shall be utilized by the Civil Dispensary functioning in the High Court premises to prevent the 2 MCRC-33727-2021 spread of COVID-19 pandemic. Hence, prays for grant of bail to the present applicants. They further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping

physical distancing.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the submissions and have submitted that the applicants are threatening the witnesses, for which two complaints were made on 25/06/2021 & 15/06/2021 respectively before SP & SDOP concerned. It is further submitted that fire arm was used during the commission of offence. In case of grant of bail, prosecution witnesses will be adversely affected. Hence, prayed to reject this application filed for grant of bail to the applicants.

Heard learned counsel for the parties at length and perused the case diary and documents available on record.

Considering the arguments advanced by learned counsel for the parties as well as facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on their furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) each with one solvent surety each in the like amount to the satisfaction of the Court concerned for their regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if their test is found positive then the applicants shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicants 3 MCRC-33727-2021 are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have 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 them in custody and would send them to the same jail from where he were released.

This order will remain operative subject to compliance of the following

conditions by the applicants :-

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

2. The applicants will cooperate in the investigation/trial, as the case may be;

3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicants shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled; 5 . The applicants will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

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

7. The applicants will inform the SHO of concerned police station about their 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 for information.

8 . As submitted by learned counsel for the applicants above, the applicants are directed to deposit Rs.2,000/- (Rs. Two Thousand Only) each with the Registry of this Court which shall be utilized by the Civil Dispensary 4 MCRC-33727-2021 functioning in the High Court premises to prevent the spread of COVID-19 infection.