Sanjay Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2528 MP

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                HIGH COURT OF MADHYA PRADESH
                           MCRC.No.25554/2021
                   (Sanjay Jatav Vs. The State of M.P.)

Gwalior, Dated : 18.06.2021

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

         Shri Kaushlendra Singh Tomar, learned Govt. Advocate for the

State.

         Heard the learned counsel for the parties through Video

Conferencing.

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

grant of bail. The applicant has been arrested on 04.04.2021 by Police

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

No.284/2021 registered in relation to the offence punishable u/S. 49 d

of the Excise Act.

         It is alleged by the counsel for the applicant that as per the

prosecution story, 5 liters poisonous liquor has been seized from the

possession of the present applicant which is stated to be harmful for

human consumption. It is stated that if the report received from the

FSL shows that the liquor seized is harmful for human consumption,

then this order may be treated to be cancelled automatically and he will

surrender and apply afresh. 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 scenario of Covid-19, learned counsel for the applicant prays
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               HIGH COURT OF MADHYA PRADESH
                          MCRC.No.25554/2021
                  (Sanjay Jatav Vs. The State of M.P.)

for grant of bail to the applicant.

      Per contra, learned Govt. Advocate for the State has opposed the

bail stating that the applicant is having a criminal history of one case

registered in the year 2017.

      Considering the overall facts and circumstances of the case and

looking to the pandemic scenario of Covid-19 and the orders passed by

the Supreme Court in Suo moto W.P.(C) No.1/2020 as well as 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 surety bond 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

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
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                HIGH COURT OF MADHYA PRADESH
                           MCRC.No.25554/2021
                    (Sanjay Jatav Vs. The State of M.P.)

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 move in the vicinity of complainant party

and 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.

7. In case the FSL report received shows that the liquor seized

is harmful for human consumption, then this order may be treated

to be cancelled automatically and the applicant will surrender

immediately and apply afresh.

8. The applicant will inform the concerned S.H.O. of concerned

Police Station about him residential address in the said area and it

HIGH COURT OF MADHYA PRADESH MCRC.No.25554/2021 (Sanjay Jatav Vs. The State of M.P.)

would be the duty of the Govt. Advocate to send copy of this order to

SHO of concerned police station as well as the concerning

Superintendent of Police who shall inform the concerned SHO

regarding the same.

Application stands allowed.

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 applicant shall be released immediately on bail and

shall be given a pass or permit for movement to reach him 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)
AK/-                                                       Judge
       ANAND KUMAR
       2021.06.18
       18:57:22 +05'30'