Ajeet Gurjar vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Sirol, District Gwalior

in connection with Crime No.80/19 registered in relation to the offence punishable under Section 392 of IPC and Section 11/13 of MPDVPK Act.

It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. He is in custody since

19.4.2021. It is submitted that the prosecution has shown recovery of motorcycle from the co-accused, no recovery from the present applicant. The

applicant is a young boy of 24 years. It is argued that the applicant was working in Delhi since two years prior to the date of order passed by the trial

court itself, therefore, no application for grant of bail was filed. He is ready to abide by all terms and conditions as may be imposed by this court and

looking to the present scenario of COVID-19 Pandemic, he prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that he has actively participated in the commission of offence and there is

recovery of motorcycle from the present applicant and similar cases have also been registered against him. He remained absconding for a

considerable period. But the applicant being first offender is not disputed by the State.

Heard the learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and looking to the

present scenario of COVID 19 pandemic coupled with the directions issued by the Hon'ble Supreme Court on 7.5.2021 in Suo Moto Writ Petitio n(C)

No.1/2021, wherein the Hon'ble Supreme Court passed a detailed directions with respect to the present COVID pandemic situations, this Court deems

it appropriate to consider the application for grant of interim bail to the present applicant. Accordingly, the application is treated to be an application for

interim bail and is hereby allowed. The applicant Ajeet Gurjar is directed to be released for a period of 90 days subject to furnishing a personal bond in

the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court,

as the case may be with submission of written undertaking and 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. He is directed to surrender

immediately on completion of 90 days from the date of release.

This order will remain operative for a period of 90 days 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;

The applicant will cooperate in the investigation/trial, as the case may be;

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

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

The applicant will not seek unnecessary adjournments during the trial; and

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

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 State counsel 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 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.