Amit Tiwari @ Kallu vs State Of M.P

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 02.08.2020 in connection with Crime No.446/2011, registered at P.S. Mangawan, District Rewa for the offence

punishable under Sections 392 and 397 of the I.P.C and 25/27 of Arms Act.

The applicant was released on bail on 29.03.2012 in M.Cr.C. No.1594/2012 and he was directed to appear before the Court on each and every date.

However, as the applicant did not appear before the trial Court, the warrant of arrest was issued against him on 24.11.2014 by the trial Court. In

compliance of the said order, the applicant was arrested and sent to jail on 02.08.2020.

Learned counsel for the applicant submitted that the applicant was in custody in Naini Jail from 05.07.2013 to 07.08.2019, thus he could not appear

before the trial Court. Learned counsel for the applicant has drawn the attention of this Court to additional documents filed vide I.A. No.12236/2020.

Learned Panel Lawyer for the State has not denied the aforesaid documents.

Considering the fact that the applicant was in custody in Naini Jail from 05.07.2013 to 07.08.2019 and released on 07.08.2019, hence could not appear

before the trial Court, as result of which arrest warrant was issued against the applicant, this application is allowed.

It is directed that applicant Amit Tiwari @ Kallu shall be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rs. Thirty Five

Thousand only) with one surety in the like amount to the satisfaction of the trail Court for his presence before the said Court on all the dates of hearing

fixed in this regard during the trial.

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

â€ÂÅ"1. 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench;

The 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.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.â€Â

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Ankit Khare, learned Panel Lawyer, on

their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned

Court below.

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