Vijay Tyagi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5155 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

Gwalior, Dated : 08-09-2021

Shri Pratip Visoriya, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Shri Arun Pateriya, Counsel for Complainant through video

conferencing.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 27.03.2021 in connection

with Crime No.29/2021 registered at Police Station Deepar Distt.

Datia for offence under Sections 302, 34, 201 of IPC and under

Sections 25, 30 of Arms Act.

It is submitted by the Counsel for the applicant, that according

to the prosecution case, on 19.03.2021, the dead body of the

deceased Tinku @ Ramvaran was recovered with gunshot marks on

his body. The brothers of the deceased Naresh Tyagi had given

statement on 20.03.2021 to the effect that the deceased was in the

company of Banti, Sher Singh and Ravi for the last time, and

therefore, he had a suspicion that these three persons must have

committed murder of his brother. It is submitted that thereafter the

Police changed the direction of the investigation and recorded the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

statements of Banti, Ravi and Sher Singh, the persons against whom

the suspicion was expressed and they stated that on 18.03.2021, they

were having dinner with the deceased. The deceased was having

illicit relationship with his sister-in-law (bhabhi). Similarly, Sunil

Tyagi had also physical relationship with the sister-in-law (bhabhi)

of Tinku @ Ramvaran. Tinku @ Ramvaran had also expressed that

he has threat of his life from Sunil and Saurabh, brother of his sister-

in-law (bhabhi). On 18.03.2021, at about 11:30-11:45 pm, a

telephonic call was received on the mobile of Tinku. On enquiry,

Tinku informed that it was a call from Sunil who is calling him at

Mevati Tiraha and accordingly Tinku went to Mevati Tiraha. It is

alleged that these three persons Ravi, Sher Singh and Banti also

followed the deceased and saw that the deceased was shot by the

accused persons. It is further submitted that if Sher Singh, Ravi and

Banti had witnessed the incident then they should have either

immediately informed the Police or the brother of the deceased but

they did not do so. It is further submitted that Police has recorded

statements of three other witnesses i.e. Dharmendra, Virendra and

Ramanad on 22.03.2021 who are also alleged to have witnessed the

incident in the light of torch. However, it is further submitted that

even their conduct is suspicious because they did not inform the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

Police or brother of deceased about the incident. It is submitted that

in fact the Police has deliberately changed the direction of

investigation for the reasons best known to the Police. It is further

submitted that the applicant is innocent and they have been falsely

implicated. The trial is likely to take sufficiently long time.

Per contra, the application is vehemently opposed by the

Counsel for the State as well as complainant. It is submitted by Shri

Pateriya that the Police has already filed the charge-sheet and charges

have been framed and whether the witnesses cited by the prosecution

are reliable or not, is yet to be decided by the trial Court.

Considered the submissions made by the Counsel for the

parties.

The Supreme Court by order dated 23-3-2020 passed in the

case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the

States to constitute a High Powered Committee to consider the

release of prisoners in order to decongest the prisons. The Supreme

Court has observed as under :

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Considering the totality of the facts and circumstances of the

case as well as considering the fact that in view of second wave of

Covid19 pandemic, it is also necessary to decongest the jail, and

without commenting on the merits of the case, it is directed that the

applicant be released on bail, on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rs. One Lac) with one surety in the like

amount to the satisfaction of the Trial Court or C.J.M. or Remand

Magistrate (Whosoever is available). The applicant shall also furnish

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

an undertaking that he shall follow all the instructions which may be

issued by the Central Govt./State Govt. or Local Administration

(General or Specific) from time to time for combating Covid19.

The Supreme Court in the case of IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS by order dated 7-4-2020 has

directed as under :

In these circumstances, we consider it appropriate to direct that Union of India shall ensure that all the prisoners having been released by the States/Union Territories are not left stranded and they are provided transportation to reach their homes or given the option to stay in temporary shelter homes for the period of lockdown.

For this purpose, the Union of India may issue appropriate directions under the Disaster Management Act, 2005 or any other law for the time being in force. We further direct that the States/Union Territories shall ensure through Directors General of Police to provide safe transit to the prisoners who have been released so that they may reach their homes. They shall also be given an option for staying in temporary shelter homes during the period of lockdown.

Accordingly, it is directed that before releasing the

applicant, the jail authorities shall get the applicant examined by

a competent Doctor and if the Doctor is of the opinion that his

Corona Virus test is necessary, then the same shall be conducted.

If the applicant is not found suspected of Covid19 infection or if

his test report is negative, then the concerned local

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

administration shall make necessary arrangements for sending

the applicant to his house as per the directions issued by the

Supreme Court in the case of IN RE : CONTAGION OF COVID

19 VIRUS IN PRISONS (Supra), and if he is found positive then

the applicant shall be immediately sent to concerning hospital for

his treatment as per medical norms. The applicant is further

directed to strictly follow all the instructions which may be issued

by the Central Govt./State Govt. or Local Administration for

combating Covid19. If it is found that the applicant has violated

any of the instructions (whether general or specific) issued by the

Central Govt./State Govt. or Local Administration, then this

order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in

custody and would send him to the same jail from where he was

released. The applicant is further directed to supply a copy of

this bail order to the police station having jurisdiction over his

place of residence.

The other conditions of Section 437, 439 Cr.P.C. shall remain

the same.

This order shall remain in force, till the conclusion of Trial. In

case of bail jump, or violation of any of the condition(s) mentioned

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43958/2021 Vijay Tyagi vs. State of MP

above, this order shall automatically lose its effect.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat & Ors. vs. State of M.P. passed on

18/3/2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.09.09 14:28:54 +05'30'