Bhanwar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2487 MP

                           1
               HIGH COURT OF MADHYA PRADESH
                          MCRC-29366-2021
               (BHANWAR SINGH Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated : 17.06.2021

      Heard through video conferencing.

      Shri R.S. Rathore, learned counsel for the applicant.

      Shri Vijay Sundaram, learned P.L. for the State.

      Learned counsel for the rival parties are heard.

      This is 5th bail application u/S.439 Cr.P.C. filed by the applicant

for grant of bail.

      Applicant has been arrested on 28.08.2020 by Police Station

Endori District Bhind (M.P.) in connection with Crime No.114/2019

registered in relation to the offence punishable u/Ss 307 and 34 of IPC

and Sec. 25/27 of Arms Act.

      It is alleged that although the earlier 3 th bail application was

dismissed on merits vide order dated 15.01.2021 in M.Cr.C.

No.1531/2021, but the fact remains that none of the eye witnesses have

supported the prosecution story except the injured. It appears that it is a

case of self inflicting injuries because the medical report clearly shows

that the blackening was present on the injuries. It is also submitted that

FSL report is yet to be received. He is having no criminal antecedent. It

is submitted that He has relied upon the judgment passed by the

Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs.

State of Maharashtra & Anr. reported in 2001 (3) Crimes 410 (SC),

and has argued that looking to the custody period of the present
                           2
              HIGH COURT OF MADHYA PRADESH
                         MCRC-29366-2021
              (BHANWAR SINGH Vs THE STATE OF MADHYA PRADESH)




applicant, the benefit of bail should be granted to him. 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.

      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 15.01.2021 in

M.Cr.C. No. 1531/2021 and no new cause of action is arosen to the

present applicant for consideration of 5 th application. But he fairly

submits that as per the case diary, he is having no criminal antecedent.

      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

application is allowed subject to verification of the fact that he is

having no criminal case. 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
                            3
              HIGH COURT OF MADHYA PRADESH
                          MCRC-29366-2021
               (BHANWAR SINGH Vs THE STATE OF MADHYA PRADESH)




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.

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. 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,

HIGH COURT OF MADHYA PRADESH MCRC-29366-2021 (BHANWAR SINGH Vs THE STATE OF MADHYA PRADESH)

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

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
         2021.06.18
         12:31:50 -07'00'