Anil vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13/01/2021 by Police Station Kailaras,

Distt. Morena (M.P.) in connection with Crime No.644/2020 registered for offence under Sections 302, 120B of IPC.

I t is submitted by learned counsel for the applicant- Anil that the applicant has not committed any offence. He has falsely been implicated in this case.

Applicant is in custody since 13/01/2021, i.e. for more than seven months. It is further submitted that initially, FIR was lodged against unknown

persons and thereafter, on the basis of memorandum given by co-accused, which is not an admissible evidence, present applicant has been implicated

in this case. There is no other evidence against the present applicant. It is also submitted that co-accused Hitendra Singh Sikarwar has already been

granted b a il by this Court vide order dated 02/08/2021 passed in M.Cr.C. No.27947/2021 and the case of present applicant is on same footing.

Investigation is complete and charge-sheet has been filed. Trial will take its own time. In case of grant of bail, applicant is ready and willing to abide

by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant. He further undertakes to abide by all the

terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding

measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that offence is registered against the applicant under Sections 302,

120-B of IPC, wherein sufficient evidence is available against the present applicant and the prosecution witnesses have stated against the applicant in

the statements recorded under Section 161 of Cr.P.C. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the present case as well as custody period of the applicant and the fact that co-accused Hitendra Singh

Sikarwar has already been granted bail by this Court, without commenting upon the 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.1,00,000/- (Rupees One Lakh only) with one solvent surety in

the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his 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 house, and if his test is

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

release and if he is in a position to make his personal arrangements, then he 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 in custody and would send him to the same jail from where he 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;

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

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

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;

7 . The applicant will inform the SHO 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 for information.

Application stands disposed of in above terms.

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

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