Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1553

IN THE HIGH COURT OF MADHYA PRADESH
Vishal Mishra, J.
Deepak Kumar Jaiswa – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.9315 of 2022
Decided On : 21-02-2022

Advocates Appeared:
Alok Vagracha, Advocate, Tapan Bathre, Advocate
Final Result : Allowed

Granting bail based on absence of recovery and first offender status, subject to specified conditions.

Headnote:
Bail Application - Offence under Excise Act - The court allowed the bail application under Section 439 of Cr.P.C, considering the absence of recovery from the applicant and his status as a first offender. The applicant was granted bail on furnishing a surety bond and subject to various conditions including compliance with COVID-19 guidelines.
Fact of the Case:

The applicant filed a bail application under Section 439 of Cr.P.C for the offence under Sections 34 (2) and 42 of the Excise act. The applicant claimed to be falsely implicated and emphasized his first offender status.
Finding of the Court:

The court allowed the bail application, considering the absence of recovery from the applicant and his status as a first offender. The applicant was granted bail on furnishing a surety bond and subject to various conditions including compliance with COVID-19 guidelines.
Issues: Bail application under Section 439 of Cr.P.C for the offence under Sections 34 (2) and 42 of the Excise act.
Ratio Decidendi: The court granted bail based on the absence of recovery from the applicant and his status as a first offender, while imposing various conditions for compliance.
Final Decision: The bail application was allowed, and the applicant was granted bail on furnishing a surety bond and subject to various conditions including compliance with COVID-19 guidelines.

JUDGMENT

Vishal Mishra, J. - 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 08.02.2022 by Police Station Omti, District Jabalpur (M.P.) in connection with Crime No.326/2021 for the offence punishable under Sections 34 (2) and 42 of the Excise act.

It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. There is no recovery from the possession of the present applicant. applicant is the first offender. applicant has been implicated only on the basis of the statement given by the owner-Sukdev Patel of the vehicle. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that he was driver of the vehicle which is clarified in the statement given by the owner of the vehicle. There is no recovery from the present applicant. Charge sheet has been filed in the matter. He has remained absconded for a considerable period and proceedings under Section 82 of the Cr.P.C. With great difficulties he was taken into custody and have already been drawn against the present applicant. applicant being the first offender is not disputed by the State counsel.

Considering the overall facts and circumstances of the case and the fact that there is no recovery from the possession of the present applicant and without commenting upon the merits of the case, this application is allowed subject to verification of the fact that the applicant is the first offender. The applicant be released on bail 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 applicant :-

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 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 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. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;

8. 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.

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 appli

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