Sukhveer Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has been arrested on 25/1/2021 in connection with Crime No.630/2020 registered at Police Station Ishagarh, District Ashoknagar for

offence under Sections 307, 341, 294, 427 and 34 of the IPC and Section 25/27 of Arms Act.

It is submitted by learned counsel for the applicant - Sukhveer Singh that the applicant has been falsely implicated. He has not committed any offence.

Allegation levelled against the present applicant is of stone pelting. Present applicant is not the main accused of this case. Attention of this Court is

invited towards the order dated 28/12/2020 passed by Co-ordinate Bench of this Court in MCRC No. 48950/2020 (Kuldeep Singh & Ors. vs. State of

M.P.), bail petition filed by Kuldeep and two others, wherein the Court has specifically observed that ""Counsel for the State submits that a complaint is

submitted by the victim to the police that they have been threatened by the petitioners and their family members. If that is so then the Police is

required to take appropriate steps by providing them protection under the witness protection scheme. If any such application is made, the same would

be dealt with in accordance with the said scheme in the judgment of the Apex Court in the case of Mahendra Chawla and Ors. V Union of India and

Ors, 2019 (14) SCC 615"". It is further submitted that applicant was a witness in the case registered against aforesaid accused Kuldeep and due to

which present applicant has been falsely implicated in the present case. Hence, prayed for grant of bail to the applicant.

Learned counsel for the State opposed the prayer and has submitted that there is criminal history of six cases against the present applicant and present

case is of gun-shot injury. Hence, prayed to reject the bail application of the applicant.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that allegation levelled against the present applicant is of stone pelting only and he is not the main accused in this case, without

commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing

personal bond of Rs. 75,000/-(Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Court

concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the

test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission

from local administration. After release, 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 the 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/her in custody and would send him/her to the same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence of which he is accused;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant will inform the SHO of concerned police station about his/her 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 for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.