Shera @ Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2434 MP

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               HIGH COURT OF MADHYA PRADESH
                          MCRC-29032-2021
               (SHERA @ MUKESH Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated : 16.06.2021

      Heard through video conferencing.

      Shri Ravi Dwivedi, learned counsel for the applicant.

      Shri B.S. Gour, learned P.L. for the State.

      Learned counsel for the rival parties are heard.

      This is 8th bail application u/S.439 Cr.P.C. filed by the applicant

for grant of bail.

      Applicant has been arrested on 15.01.2018 by Police Station

Viswavidhalay District Gwalior (M.P.) in connection with Crime

No.24/2018 registered in relation to the offence punishable u/Ss 302

and 34 of IPC.

      It is alleged that earlier 6th bail application was dismissed on

merits vide order dated 07.02.2020 in M.Cr.C. No. 3648/2020. Fifth

bail application was also rejected on merits vide order dated

22.10.2019 in M.Cr.C. No. 40677/2019 considering the fact that

applicant was in having a criminal history of five cases. It is pointed

out that in the case registered under Sections 120-B, 148, 352/149,

386/149 of IPC read with Sec. 13 of M.P.D.V.P.K. Act he has already

been acquitted. In support of his contentions, a judgment has been filed

along with the present bail application. Other cases of minor offences

and one is private complaint. It is submitted that the present case is

totally based upon the last seen witnesses and circumstantial evidence.
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              HIGH COURT OF MADHYA PRADESH
                         MCRC-29032-2021
              (SHERA @ MUKESH Vs THE STATE OF MADHYA PRADESH)




The incident was reported on 01.01.2018 and the body has been found

on 06.01.2018 and the first statement was recorded on 08.01.2018 after

a gap of approximately 7 days without there being any explanation for

the delay and recording the statement. It is submitted that he is already

remained under custody more than 3 years. Investigation will take

time, therefore he prays for bail. The applicant undertakes to abide all

the condition, which may be imposed by this Court and there is no

possibility of his absconding or tempering with the prosecution case

and also shown his willingness to render his services during this

COVID-19 pandemic scenario for helping the needy.

      Per contra, learned counsel for the State has opposed the bail

application stating that on earlier occasion, the matter was duly

considered by this Court on merits vide order dated 07.02.2020 in

M.Cr.C. No. 3648/2020 and no new cause of action is arosen to the

present applicant for consideration of 8 th application. But he fairly

submits that entire prosecution case is based upon last seen evidence.

He could not dispute the fact that incident was lodged on 01.01.2018

and the body was found on 06.01.2018 and first last seen witnesses

have been recorded on 08.01.2018.

      Considering the overall facts and circumstances of the case and

also looking to the custody period of the present applicant, this Court

deems it appropriate to allow this application. Accordingly, the
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              HIGH COURT OF MADHYA PRADESH
                          MCRC-29032-2021
              (SHERA @ MUKESH Vs THE STATE OF MADHYA PRADESH)




application is allowed. The applicant is directed to be released on bail

on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

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

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

with submission of written undertaking and he shall 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.

      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 him from disclosing such facts to the Court or to the

Police Officer, as the case may be;

4. The appellant shall not commit an offence similar to the offence

of which he is accused.

HIGH COURT OF MADHYA PRADESH MCRC-29032-2021 (SHERA @ MUKESH Vs THE STATE OF MADHYA PRADESH)

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without previous permission

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

7. As he has gracefully volunteered to render his services during

this COVID-19, he is directed to render his services and get himself

registered as a Covid Warrior with the Collector, Gwalior to enable

him to render his social services at District Hospital/Tahsil Hospital,

Gwalior under the supervision of the Superintendent of the

Hospital/CMHO, District Gwalior 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,

District Gwalior who shall inform the concerned SHO regarding the

same.

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

having the symptoms of COVID-19, then consequential follow up

HIGH COURT OF MADHYA PRADESH MCRC-29032-2021 (SHERA @ MUKESH Vs THE STATE OF MADHYA PRADESH)

action including the isolation/quarantine or any test if required, be

ensured, otherwise applicants 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.

                                                  (Vishal Mishra)
LJ*/-                                                 Judge

             LOKENDRA JAIN
             2021.06.17
             11:36:51 -07'00'