Kailash Rai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1954 MP

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              HIGH COURT OF MADHYA PRADESH
                           MCRC.No.23052/2021
                  (Kailash Rai Vs. The State of M.P.)

Gwalior, Dated : 13.05.2021

      Shri Anurag Sharma, learned counsel for the applicant.

      Shri R.K.Upadhayay, learned Govt. Advocate 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 28.02.2021 by Police

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

No.129/2021 registered in relation to the offence punishable u/S. 49 (d)

of the Excise Act, 1915.

      It is alleged by the counsel for the applicant that the first bail

application was dismissed as withdrawn with the liberty to repeat the

same after receipt of F.S.L. report by this Court vide order dated

07.04.2021 in M.Cr.C.No.18011/2021. The charge sheet has been filed

on 12.03.2021. The applicant is in custody since 28.02.2021. As far as

the criminal history of the present is concerned, it is argued that the

prosecution has pointed out the criminal history of 26 cases registered

against the present applicant. It is submitted that as on date only three

cases under the Excise Act are pending and one case under SCST Act is

pending against the present applicant. Apart from the aforesaid, all the

other cases are closed against the present applicant. Looking to the

present scenario of pandemic Covid-19, the order sheets of the other

cases could not be procured and therefore, could not be filed. It is argued
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               HIGH COURT OF MADHYA PRADESH
                          MCRC.No.23052/2021
                   (Kailash Rai Vs. The State of M.P.)

that the information given by the family members of the present

applicant may be taken on record and the aforesaid aspect be verified.

Looking to the scenario of pandemic Covid-19, learned counsel for the

applicant prays for grant of bail to the applicant.

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

bail application stating that the applicant is a habitual offender and is

having a long criminal history of 26 cases. It is submitted that no order

sheets have been filed with respect to the criminal history of the present

applicant. Even the liquor has been recovered from the possession of the

present applicant which was poisonous in nature. F.S.L. report of liquor

is still awaited. He has prayed for dismissal of the application.

      Considering the overall facts and circumstances of the case and

the statement made by the counsel for the applicant that the other cases

are closed against the present applicant except the aforesaid cases which

have been pointed out coupled with the present scenario of pandemic

Covid-19, this Court deems it appropriate to consider this application for

grant of interim bail considering the judgment passed by the Hon'ble

Supreme Court in Suo moto in W.P.(C) No.01/2020 dated 23.03.2020,

the application is allowed.

      The interim bail is extended for period of three months (90

days) subject to the verification of the statement made by the counsel

for the applicant with respect to criminal history of the applicant.
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              HIGH COURT OF MADHYA PRADESH
                         MCRC.No.23052/2021
                  (Kailash Rai Vs. The State of M.P.)

      The applicant is directed to be released for three months (from

the date of his release) on interim bail on furnishing his personal bonds

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 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 she will have to install Arogya Setu App, if

not already installed. The applicant shall surrender immediately

before the concerned trial Court after completion of 90 days from

the date of release and information to this effect shall be sent by the

Court concerned to Registry of this Court.

      This order will remain operative for three months (90 days)

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

HIGH COURT OF MADHYA PRADESH MCRC.No.23052/2021 (Kailash Rai Vs. The State of M.P.)

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 shall mark his presence before the concerned

Police Station in the first week of every month and will also abide by

all the terms and conditions.

8. In case of involvement of the present applicant in any other

offence, the benefit of bail granted by this Court shall stand

cancelled automatically.

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 Govt. Advocate 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

HIGH COURT OF MADHYA PRADESH MCRC.No.23052/2021 (Kailash Rai Vs. The State of M.P.)

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 action

including the isolation/quarantine or any test if required, be ensured,

otherwise applicant shall be released immediately on interim bail and

shall be given a pass or permit for movement to reach his place of

residence.

Accordingly, the application stands allowed.

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/-                                                   V. Judge
       ANAND KUMAR
       2021.05.13
       20:06:49 +05'30'