Bundel Singh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2429 MP

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             HIGH COURT OF MADHYA PRADESH
                    M.Cr.C.No.27601/2021
               (Bundel Singh Jatav Vs. State of M.P.)
Gwalior Bench: Dated 16.06.2021
      Shri Sunil Kumar Jain, learned counsel for the applicant.

      Shri    Lokendra    Shrivastava,    learned   PP    for     the

respondent/State.

Matter is heard through Video Conferencing.

The applicant has filed this third bail application u/S.439

Cr.P.C. for grant of bail. Applicant has been arrested on

09.02.2021, by Police Station- Badarwas, District- Shivpuri, in

connection with Crime No.45/2021, for the offence punishable

under Section 379 of IPC alongwith Section 4A, 21(1) of Mines

and Minerals (Development and Regulation) Act, 1957.

It is the submission of learned counsel for the applicant that

the applicant has been falsely implicated in this case and he is

suffering confinement since 09.02.2021 whereas charge-sheet has

already been filed. Although applicant was the owner of tractor,

but now he learnt the lesson hard way and would mend his ways

and would become a better citizen by not involving in such

criminal activity in future. Confinement amounts to pretrial

detention. He undertakes to cooperate in trial as well as

investigation and would available as and when required. He

would not be a source of embarrassment or harassment to the

complainant. He further intends to perform community service

voluntarily by serving the environment and National/Social cause

by contributing his part voluntarily to purge his misdeeds, if any,

in case application is allowed.

Learned PP for the State opposed the prayer and submitted

that act of applicant is not only against the law but also against

the humanity as well as environment. Therefore, if bail is granted,

then some stringent conditions may be imposed over the

applicant.

Heard learned counsel for the parties at length through VC

and considered the arguments advanced by them.

Considering the submissions advanced by the learned

counsel for the parties and the fact that applicant is suffering

confinement since 09.02.2021 and although his alleged act is

detrimental to environment and ecology but because of

challenging period of COVID -19 pandemic and period of

custody as well as the fact that he may have to take care of his

family, this court intends to allow the application but with certain

stringent conditions and with reformatory measures as per

judgment passed in the case of Smt. Sunita Gandharva Vs.

State of M.P. and another reported in 2020(3)MPLJ (Cri.)247,

without commenting on the merits of the case, the application is

allowed. It is hereby directed that the applicant shall be released

on bail on his furnishing personal bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety in the like amount

to the satisfaction of trial Court.

After release, the applicant is further directed to strictly

follow all the instructions which may be issued by the Central

Government/State Government or Local Administration for

combating the COVID -19 pandemic.

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

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

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; and

7. The applicant would not involve in criminal activity in any manner in future.

8. The applicant would not be a source of embarrassment or harassment to the prosecution witnesses and would not try to tamper with the evidence/witness in any manner.

9. The applicant shall deposit Rs.15,000/- before the District Collector, Gwalior under the head of Red Cross or any other head or CM Relief Fund as the case may be within one month from today, so that the District Administration can utilize this fund for COVID patients and for purchasing oxygen / medicines / equipment.

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fopkj ds vadqj.k dk gSA^^ It is expected from the applicant that he shall submit photographs by downloading the mobile application (App) prepared at the instance of High Court for monitoring the plantation though satellite/Geo-tagging.

Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge Rashid

RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed19 54237f6324416af3985b5e9940ed42,

KHAN serialNumber=111cc474a72b078dc9a89f3cb13bb 668fd8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2021.06.17 11:33:06 +05'30'