Vijaypal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6907 MP

Citation : 2022 Latest Caselaw 6907 MP
Judgement Date : 7 May, 2022

Madhya Pradesh High Court

Vijaypal Singh vs The State Of Madhya Pradesh on 7 May, 2022

Author: Anand Pathak

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               HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.22488/2022
                  (Vijaypal Singh Vs. State of M.P.)

Gwalior Bench: Dated 07.05.2022
      Shri Atul Gupta, learned counsel for the applicant.
      Shri B.M. Shrivastava, learned PP for the respondent/State.

The applicant has filed this first bail application u/S.439 Cr.P.C

for grant of bail. Applicant has been arrested on 25.04.2022, by Police

Station- Dimni, District- Morena, in connection with Crime

No.151/2021, for the offence punishable under Section 34(2), 47(A) of

the M.P. Excise Act.

It is the submission of learned counsel for the applicant that

false case has been registered against the applicant and he is suffering

confinement since25.04.2022 whereas charge-sheet has already been

filed. It is further submitted that during course of investigation,

applicant was not arrested by the police and he participated in

investigation because summon under Section 41 of Cr.P.C. was issued.

At the time of filing of charge-sheet, applicant was arrested and since

he is in custody. Counsel relied upon the judgment rendered by

Hon'ble Apex Court in the case of Siddharth Vs. State of U.P.

reported in (2022) 1 SCC 676 to submit that in respect of proceedure

under Section 170 of Cr.P.C. it is not mandatory to the Investigating

Officer/Trial Court to arrest the accused at the time of filing of charge-

HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22488/2022 (Vijaypal Singh Vs. State of M.P.)

sheet merely because offence is cognizable offence. Therefore, no

custodial interrogation is required by now. Confinement amounts to

pretrial detention. Applicant undertakes to cooperate in trial as well as

investigation and would make himself available as and when required.

Under these grounds, he prayed for bail.

Learned Public Prosecutor for the respondent/State opposed the

prayer on the ground that applicant is resident of Agra (U.P.), and

chance of absconsion cannot be ruled out, therefore, he prayed for

dismissal of this application.

Heard learned counsel for the parties at length and perused the

documents appended.

Considering the submissions advanced by the learned counsel

for the parties and the fact situation, a chance be given to the applicant

for course correction, without commenting on the merits of the case,

the application is allowed. It is hereby directed that the applicant shall

be released on bail on his furnishing personal bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with two solvent sureties in the like

amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the

following conditions by the applicant:-

HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22488/2022 (Vijaypal Singh Vs. State of M.P.)

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 them 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;

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 in the first week of evey month before Police Station-Dimni, District Morena between 10.30 am to 2.30 pm, till conclusion of trial. Application stands allowed and disposed of.