Madhya Pradesh High Court
Vinod Singh @ Lalji Singh vs The State Of Madhya Pradesh on 16 March, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 16th OF MARCH, 2022
MISC. CRIMINAL CASE No. 11911 of 2022
Between:-
VINOD SINGH @ LALJI SINGH S/O RAJNARAYAN
SINGH , AGED ABOUT 46 YEARS, OCCUPATION:
LABOUR VILLAGE MISIRA, P.S.GARH, DIST.REWA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI B.P. PATAK, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
P.S.KOTWALI P.S.KOTWALI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHAILENDRA MISHRA, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the
applicant for grant of bail.
The applicant has been arrested on 20.02.2022 by Police Station-Kotwali,
Sidhi, District Sidhi (M.P.) in connection with Crime No.111/1997 for the offence
punishable under Sections 451, 354 and 324/34 of the Indian Penal Code.
It is submitted that it is a matter of bail jump. The applicant was already
enlarged on bail. Thereafter, for earning his livelihood he used to go out of station,
therefore, he could not appear. He has remain ed absent and was not present
before the trial Court and looking to the Covid 19 Pandemic scenario. Therefore,
warrant of arrest was issued on 20.04.2013 against him. In pursuance to the same
he was arrested on 20.02.2022. The other co-accused have already been acquitted
vide judgment dated 10.10.2014 in R.C.T. No.2477/2006. Considering the facts,
earlier bail was allowed and the applicant was released. Even during the intervening
period, he has not committed any offence. He is ready to abide with all the
Signature Not Verified
SAN
conditions as may be imposed by this court. On these grounds he prayed for
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.03.16 15:32:55 IST
condonation of his absence before the trial court and for releasing him on bail.
P e r contra, learned counsel appearing for the State has opposed the
application stating that it is the case of bail jump and after getting bail, he has
misused the liberty, owing to which the trial was delayed and submits that there are
specific allegation against the present applicant. It is further contended that whether
during the intervening period he has committed any offence or not, he is not in a
position to comment upon as he is not having a case diary.
Considering the over all facts and circumstances of the case, but without
expressing any opinion on the merits of the case, this Court deems it appropriate
to allow this application. The applicant is directed to be released on bail subject to
verification of the statement made by the counsel for the applicant that he
has not committed any offence during the intervening period. and 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
conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond
executed by her/him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3 . The applicant will not indulge herself/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
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SAN shall automatically cancelled.
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.03.16 15:32:55 IST
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. 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.
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.
A copy of this order be sent to the trial court concerned for information and
compliance.
CC as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.03.16 15:32:55 IST
