Madhya Pradesh High Court
Ankit Sikarwar vs The State Of Madhya Pradesh on 18 June, 2021
Author: Vishal Mishra
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
Gwalior, Dated : 18.06.2021
Shri Madhukar Kulshreshtha, learned counsel for the applicant.
Shri Vijay Sundaram, learned Panel Lawyer for the State.
Heard through Video Conferencing.
The applicant has filed this second application u/S.439 Cr.P.C.
for grant of bail. The applicant has been arrested on 21.08.2020 by
Police Station Kailaras, District Morena (M.P.) in connection with
Crime No.376/2020 registered in relation to the offence punishable
u/S. 8/20 of NDPS Act.
It is alleged by the counsel for the applicant that the first bail
application was dismissed as withdrawn by this Court vide order dated
10.03.2021 passed in M.Cr.C.No.11731/2021. The applicant is in
custody since 21.08.2020. The investigation is over and the charge has
been filed in the matter. It is submitted that now the custody period is
almost more than about nine months. As far as the criminal history is
concerned, the applicant has already been acquitted in one case
registered at Crime No.262/2016 and the other cases are pending
consideration. There is recovery of 1 kg 125 gram of contraband article
Ganja (xkatk) has been shown from the possession of the present
applicant which is slightly above the minimum quantity but very much
less of commercial quantity. It is prayed that some heavy condition
may be imposed upon the applicant so that just to ensure that he may
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
not commit any offence in future. The applicant is ready to abide by all
the terms and conditions that may be imposed by this court while
considering the application for grant of bail. There is no possibility of
his absconding or tampering with the prosecution case. Looking to the
present pandemic scenario of Covid-19, learned counsel for the
applicant prays for grant of bail to the applicant.
Per contra, learned Panel Lawyer for the State has opposed the
bail application stating that the applicant is a habitual offender and is
having long criminal history. But he fairly submits that the charge sheet
has been filed in the matter and therefore, there is no further
requirement of custodial interrogation of the present applicant.
Taking into consideration the overall facts and circumstances of
the case coupled with the present pandemic scenario of Covid-19 and
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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
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
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 allow this application.
The application is allowed. The applicant is directed to be
released on bail on furnishing his personal bonds in the sum of
Rs.1,00,000,/-(Rs. One Lac 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
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HIGH COURT OF MADHYA PRADESH
MCRC.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
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 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
of the trial Court/Investigating Officer, as the case may be.
7. In case of involvement of the present applicant in any other
offence, the benefit of bail granted by this Court shall stand
HIGH COURT OF MADHYA PRADESH
MCRC.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
cancelled automatically.
8. The applicant is directed to mark his presence before the
concerning Police Station in the first week of every month till the
conclusion of trial before the concerning Police Station.
9. 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.
10. 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.
11. 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.No.27257/2021
(Ankit Sikarwar Vs. The State of M.P.)
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
2021.06.21
11:15:39 +05'30'
