Rasal Singh Chauhan @ Santu @ Risal vs The State Of Madhya Pradesh
2021 Latest Caselaw 625 MP

                                   1                            MCRC-9353-2021
        The High Court Of Madhya Pradesh
                  MCRC-9353-2021
       (RASAL SINGH CHAUHAN @ SANTU @ RISAL Vs THE STATE OF MADHYA PRADESH)

3
Gwalior, Dated : 10-03-2021
      Shri Sanjay Shukla, counsel for the applicant.
      Shri R.K.Awasthi, PP for the respondent/State.

Shri R.K.Joshi, counsel for the complainant.

Heard on I.A.No.6467 of 2021 an application under Section 301 (2) of the Cr.P.C.

For the reasons mentioned therein, the application is allowed and Shri R.K.Joshi is permitted to assist PL in the matter.

This is third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C.no.41670 of 2020 and second one being m.Cr.C.No.46358 of 2020 were dismissed on merits on 2.11.2020 and 1.12.2020 respectively.

The applicant has been arrested on 20.12.2019 by Police Station Amayan district Bhind, in connection with Crime No.154 of 2019 registered in relation to the offence punishable u/S.307, 294, 34 of IPC and 25,27 of the

Arms Act.

It is submitted by counsel for the applicant that the investigation is over in the matter and the applicant is in custody since 20.12.2019, hence, there is no further requirement of custodial interrogation of the applicant. He is ready to abide with all the conditions as may be imposed by this court. As far as criminal history of the applicant is concerned, one case has been registered against him in the past but it is of the year 2015. He placed reliance upon the judgment rendered by Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra reported in 2001 (3) Crimes 410 and submits that looking to the custody period of the applicant, he may be released on bail.

Per contra, learned counsel appearing for the State as well as for the 2 MCRC-9353-2021 complainant have opposed the application stating that earlier application of the applicant has recently been rejected on 2.11.2020 considering all the arguments as this court was not inclined to allow the application. However, they do not dispute the factum of registration of one case against him which is of the year 2015.

Considering the over all facts and circumstances of the case and the

facts that the applicant is in custody since 20.12.2019 and the law laid down by Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare (Supra), this court deems it appropriate to allow this application. 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 in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he 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 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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by 3 MCRC-9353-2021 this Court shall automatically cancelled.

5. 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. 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 concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately

and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant shall further submit 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 (COVID-19) pandemic.

I n 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 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.

CC as per rules.

(VISHAL MISHRA) 4 MCRC-9353-2021 JUDGE Rks

RAM KUMAR SHARMA 2021.03.10 18:26:33 +05'30'