MANMEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is repeat (fourth) bail application under Section 439 of Cr.P.C. filed by the applicant. Earlier bail applications were dismissed even on merits.

(2.) On asking from the learned counsel for the applicant whether any subsequent development in the case to consider the successive bail application, he submits that the applicant is in incarceration for long time as pre-trial detention which is against the concept of personal liberty. He further submits that in the light of orders passed by the Hon'ble Supreme Court as well as this High Court in which instructions were issued to reduce the congestion in the jails under the pathetic situation due to the epidemic spread by the COVID-19 virus, the applicant approached the learned ASJ, Bhopal to release the applicant on interim bail but vide order dated 07.06.2021, prayer of the applicant has been rejected by the 15th ASJ, Bhopal. He submits that if the entire case of prosecution is taken into consideration, no offence under Sections 467, 468 and 471 of IPC is made out and therefore, the case of applicant falls under the category given in the order passed by the Division Bench of this High Court. The applicant has been enlarged on bail by the trial Court itself in a connected matter i.e. FIR No.24.2020, registered at same Police Station for the same offences based on identical allegations lodged by the same complainant. He submits that the applicant is renowned Dentist and the Chairman of an NGO. He recently blessed with one child and it is difficult for his wife to take care of the child lonely. There is no possibility of the applicant absconding and tampering with any evidence. Investigation is complete and thus, detention of the applicant is not required. The applicant is ready to give undertaking that he will co- operate the Investigation Agency as and when required. With the aforesaid, he prays to allow the said application.

(3.) On the other hand, learned G.A. for the respondent/State opposes the bail application submitting that the applicant committed the offences which are serious in nature. The earlier bail applications of the applicant have already been rejected by the Court even on merits, moreover, the Hon'ble Supreme Court has also not considered the applicant's prayer of bail at two occasions. He belongs to other State and if he is released on bail, he will flee away from justice.