Anil Mourya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2433 MP

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             HIGH COURT OF MADHYA PRADESH
                        MCRC.No.27566/2021
                (Anil Mourya Vs. The State of M.P.)

Gwalior, Dated : 16.06.2021

      Shri Ankur Maheshwari, learned counsel for the applicant.

      Shri B.S.Gour, learned Panel Lawyer for the State.

      Heard through Video Conferencing.

      The applicant has filed this fifth application u/S.439 Cr.P.C. for

grant of bail. The applicant has been arrested on 18.07.2017 by Police

Station Vishwavidhyalaya, District Gwalior (M.P.) in connection with

Crime No.43/2016 registered in relation to the offence punishable u/Ss.

420 of IPC, 3(1), 2(4), 6 of M.P. Nikshepakon Ke Hiton Ka Sanrakshan

Adhiniyam, 2000 & Section 45-S/58B (5-A) of RBI Act, 1934 and

Section 4/5/6 of Prize Chits and Money Circulation Schemes

(Banning) Act, 1978.

      It is alleged by the counsel for the applicant that the first bail

application was dismissed as withdrawn with the liberty to file afresh

after some material witnesses examined vide order dated 16.02.2018 in

M.Cr.C.No.2610/2018. The second bail application was rejected on

merits vide order dated 11.10.2018 in M.Cr.C.No.31873/2018. The

third bail application was dismissed as withdrawn vide order dated

03.05.2019

in M.Cr.C.No.11196/2019. The fourth bail application was

dismissed as withdrawn with the liberty to repeat the same alongwith

full documents vide order dated 18.12.2019 in M.Cr.C.No.51831/2019.

It is submitted that the co-accused Amit Singh Raghav has already

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

been enlarged on temporary bail by the Coordinate Bench of this Court

vide order dated 07.05.2021 passed in M.Cr.C.No.22562/2021. The

applicant is in custody since 18.07.2017 i.e. almost four years. Charges

were framed on 13.03.2018 and thereafter till date only 11 witnesses

have been examined. In all the prosecution is to examine 19 witnesses.

On earlier occasion, he has filed the Miscellaneous Criminal Case

under Section 482 of Cr.P.C. being M.Cr.C.No.52553/2020 which was

disposed of on 01.02.2021 directing the trial Court to expedite the

proceedings and conclude the trial within six months. Thereafter, only

two witnesses have been examined and due to lockdown position as

the trial Courts are not functioning regularly. There is bleak chance of

conclusion of the trial at an early date. He submits that looking to the

nature of offence committed by the present applicant and the custody

period of the applicant coupled with the present pandemic scenario of

Covid-19 and also the judgments passed by the Hon'ble Supreme Court

as well as the Division Bench of this Court regarding decongestion of

the prisons, his application may be treated for grant of temporary bail

and he be released on temporary bail for a period of 90 days. The

applicant is a first offender. There are no chances of tampering the

witnesses by the present applicant. The applicant is ready to abide by

all the terms and conditions that may be imposed by this Court.

Per contra, learned Panel Lawyer for the State has opposed the

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

bail application stating that the earlier application was already rejected

on merits. But he could not dispute the fact that the custody period of

the applicant is of four years and 11 witnesses have been examined

before the trial Court. The applicant being first offender is also not

disputed by the State counsel. It is contended that the other

co-accused are still absconding in the matter and have not cooperated

in the investigation. He has prayed for rejection of the application.

Taking into consideration the overall facts and circumstances of

the case and also the present pandemic scenario of Covid-19 coupled

with the fact that the Hon'ble Supreme by order dated 23.03.2020

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 Level 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 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

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial 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."

and in the light of the Division Bench has recently passed the

judgment in the case of In Reference (Suo Moto) Vs. Union of India

and Others vide dated 23.04.2021 in W.P.No.8820/2021, this Court

deems it appropriate to consider this application for grant of interim

bail for a period of 90 days considering the present condition of

Covid-19. Accordingly, the same is allowed.

The application is allowed subject to verification of the fact that

the applicant is a first offender. The applicant is directed to be

released for three months (from the date of his release) on interim

bail on furnishing his personal bonds in the sum of Rs.50,000,/-(Rs.

Fifty Thousand Only) with one solvent surety of the like amount to

the satisfaction of the Investigation Officer/trial Court, as the case may

be with submission of written undertaking and the applicant will abide

by all terms and conditions of the different circulars, orders as well as

guidelines issued by the Central Government, State Government as

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

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. The

applicant shall surrender immediately before the concerned trial

Court after completion of 90 days from the date of release and

information to this effect shall be sent by the court concerned to

Registry of this Court.

This order will remain operative for three months (90 days)

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 him 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; and

6. The applicant will not leave India without previous permission

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

of the trial Court/Investigating Officer, as the case may be.

7. The applicant is directed to mark his presence before the

concerning Police Station in the first week of every month

between 10:00 AM to 2:00 PM and will not leave the periphery of

District Bhind without informing the police authorities.

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 Panel Lawyer to send E-copy of this order to

SHO of concerned police station as well as the concerned

Superintendent of Police who shall inform the concerned SHO

regarding the same.

9. The applicant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Applicant further submits

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 (COVIC-19) pandemic.

10. In 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

HIGH COURT OF MADHYA PRADESH MCRC.No.27566/2021 (Anil Mourya Vs. The State of M.P.)

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.

Accordingly, the application stands disposed of.

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.

                                                    (Vishal Mishra)
AK/-                                                    Judge
       ANAND KUMAR
       2021.06.17
       17:27:00 +05'30'