Madhya Pradesh High Court
Balendra Singh vs The State Of Madhya Pradesh on 10 May, 2021
Author: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19328/2021
(Balendra Singh vs. State of M.P.)
Gwalior, Dated : 10.05.2021
Heard through videoconferencing.
Shri Pradeep Katare, counsel for the applicant.
Shri Girraj Soni, Panel Lawyer for the respondent/State.
Case diary is available.
The applicant has filed this fifth application u/S 439 Cr.P.C. for
grant of bail. The applicant has been arrested by Police Station
Malanpur, District Bhind in connection with Crime No.43/2020
registered in relation to the offence punishable under Sections 147,
148, 149, 307 of IPC and under Section 25/27 of Arms Act. First
application was dismissed as withdrawn vide order dated 6.7.2020 in
M.Cr.C. No.19534/2020, second application was dismissed as
withdrawn vide order dated 17.08.2020 in M.Cr.C. No.25687/2020,
third application was dismissed as withdrawn vide order dated
23.11.2020 in M.Cr.C. No.41752/2020 and fourth application was
rejected on merits vide order dated 15.1.2021 in M.Cr.C. No.514/2021.
It is submitted that the application has been filed on the ground
of custody period of the applicant as he is in custody since 4.5.2020. It
is submitted that till date charges have not even been framed against the
present applicant. He has relied upon the judgment passed in the case
of Bhausaheb Nagu Dhavare v. State of Maharashtra &
Anr. reported in 2001(3) Crimes 410. It is submitted that as far as
criminal history is concerned, he has been acquitted in all the serious
offences registered against the present applicant. The order sheets of
three cases of acquittal are being filed along with this application.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19328/2021
(Balendra Singh vs. State of M.P.)
Remaining are for minor offences and are prior to 2014. He is ready to
abide by all the terms and conditions that may be imposed by this Court
and looking to the present scenario of COVID 19 pandemic, he prays
for grant of bail.
Per contra, counsel for the State has opposed the bail application
stating that no new ground is available for the applicant as he is the
main assailant and his application has already been rejected on merits
on earlier occasion. There is specific allegation of firing a gunshot
against the present applicant. He is having a criminal history of 10
cases, but he fairly submits that the cases are old cases prior to 2014.
He has prayed for rejection of the application.
Heard the learned counsel for the parties and perused the case
diary.
Considering the overall facts and circumstances of the case and
looking to the custody period and placing reliance upon the judgment
in the case of Bhausaheb Nagu Dhavare (supra), this Court
deems it appropriate to allow this application. Accordingly, the
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 the like amount to the
satisfaction of the Investigation Officer /trial Court, as the case may be
with submission of written undertaking and 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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19328/2021
(Balendra Singh vs. State of M.P.)
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. The applicant is directed to register himself as a COVID
warrior before the Collector, District Bhind and is directed to
render his services in District Hospital, Gohad for three months
from the date of release under the supervision of Superintendent of
District Hospital, Gohad.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19328/2021
(Balendra Singh vs. State of M.P.)
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 State counsel 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.
9. In case of involvement of the applicant in any other offence, the
bail granted by this Court shall stand rejected automatically.
Application stands allowed and disposed of.
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 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)
V. JUDGE
van
SMT VANDANA
VERMA
2021.05.11
12:54:33 -07'00'
