Nitin Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 551 MP

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                                             The High Court Of Madhya Pradesh
                                                     MCRC No. 62380 of 2021
                                                         (NITIN PATEL Vs THE STATE OF MADHYA PRADESH)

                                     Jabalpur, Dated : 12-01-2022
                                           Heard through Video Conferencing.

                                           Shri Ghanshyam Pandey, learned counsel for the applicant.
                                           Shri    Pramod       Chourasiya,     learned    panel    lawyer   for   the
                                     respondent/State.

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

T h e applicant has been arrested on 26.07.2021 by Police Station Gohalpur District Jabalpur in connection with Crime No.692/2021 for the offence punishable under Section 307, 294, 34 of Indian Penal Code.

I t is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. There is no allegation of firing any gunshot against the present applicant. Only his presence is shown by the prosecution on the place of commission of offence. As far as criminal history is concerned, placing reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Prabhakar Tewari Vs.

State of Uttar Pradesh and another reported in (2020) 11 SCC 648, it is argued that the Supreme Court has held that the criminal antecedents cannot be a ground for consideration or rejection of the application for grant of bail. He is in custody since 26.07.2021 and charge sheet has been filed on 28.10.2021. He is ready to abide by all the conditions that may be imposed by this Court while considering the application for bail. On these grounds, he prays for grant of bail.

P er contra, learned counsel appearing for the State has vehemently opposed the prayer for grant of bail stating that there is allegation of Reki against the present applicant. He has initially came to the spot and thereafter informed the other co-accused who came to the spot and fired a gunshot Signature Not Verified SAN inflicting injury to the injured. Applicant is history-sheeter having criminal

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.01.13 17:14:48 IST

history of four other criminal cases including those under Section 307 of Indian Penal Code. Factum of filing of charge sheet is not disputed by the State counsel. He has prayed for dismissal of the application.

Considering the over all facts and circumstances of the case and the period of custody and without commenting upon the merits of the case, this application is allowed. The applicant be released on bail and on furnishing

surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local 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 applicants :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3. The applicant/s will not indulge themselves 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/s shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.01.13 17:14:48 IST

the trial Court/Investigating Officer, as the case may be.

7. The applicant/s 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. 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 applicants 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.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.01.13 17:14:48 IST