Sarju Das Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 2032 MP

                                   1                            MCRC-23845-2021
        The High Court Of Madhya Pradesh
                  MCRC-23845-2021
               (SARJU DAS PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 27-05-2021
      Heard through Video Conferencing.
      Shri Atul Gupta, counsel for the applicant.
      Shri Shiraz Quareshi, PL for the respondent/State.

This is second bail application u/S.439 Cr.P.C filed by the applicant f o r grant of bail. His first application M.Cr.C.no.11558 of 2021 was

dismissed on merits on 9.3.2021.

T h e applicant has been arrested on 10.12.2019 by Police Station Girawati district Gwalior in connection with Crime No.285 of 2020 registered in relation to the offence punishable u/S.302 of IPC.

I t is submitted by counsel for the applicant that while arguing first application, the counsel appearing for the State has made a statement that other co-accused Kallu has not surrendered till date and he is not cooperating in the investigation. It is submitted that there is no other co-accused in the case, therefore, the statement made earlier by State counsel was incorrect

statement. It is submitted that material witnesses examined in the case have not supported the story of prosecution, It is submitted that statement of PW6 Naval Kishore Prajapati has been recorded wherein, he has though stated against the the present applicant but in para 2 of the statement he has categorically stated that he has not seen the incident. It is argued that he is not eye witness of the incident. Counsel for the applicant submits that the applicant is a first offender having no criminal history. He relied upon the judgment of Hon'ble Apex Court in the case of Mula Devi and Another Vs. State of Uttarakhand reported in (2009) 2 SCC (Cri) 854 and has argued that in that case also, the matter pertains to offence under Section 302 of IPC wherein, in similar circumstances, the benefit was granted by Hon'ble Supreme Court to the applicant of that case. The facts of that case are similar 2 MCRC-23845-2021 to that of present case. the applicant is ready to abide with all the conditions as may be imposed by this court. He has also expressed his willingness to render social services during this Covid 19 Pandemic. On these grounds, he prayed for grant of bail.

Per contra, learned counsel appearing for the State has fairly submitted that the statement made while opposing earlier application to the effect that

other co-accused Kallu is not cooperating in the investigation was incorrect statesment as there is no other co-accused in the case. So far as present application is concerned, he submits that in the case, in all sixteen witnesses are to be examined and till date only six witnesses could have been examined in the matter. But he fairly submits that there is no eye witness to the incident but looking to the facts and circumstances of the case, there is every apprehension that present applicant could have murdered the deceased. It is further pointed out that the applicant is a history-sheeter having criminal history of four cases. On these grounds, he prayed for rejection of this bail application.

Considering the over all facts and circumstances of the case and the facts that six witnesses have been examined in the matter and they have not supported the case of prosecution and turned hostile and looking to this Covid 19 Pandamic scenario, 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 3 MCRC-23845-2021 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

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. If the applicant is found involved in any other case except the present one, the bail granted to the applicant shall stand rejected without reference to the court;

8. The applicant shall get himself registered as Covid warriors with the administrative authorities of local administration Gwalior and render his social services at district hospital Gwalior for a period of three months from the date of release, under the supervision of Superintendent of District Hospital, Gwalior as per requirement;

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 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 4 MCRC-23845-2021 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) V. JUDGE

Rks

RAM KUMAR SHARMA 2021.05.28 11:52:34 +05'30'