Anshul Pathak vs State Of Madhya Pradesh

Vishal Mishra, J

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 30.08.2021 by Police Station Inderganj District Gwalior in connection with Crime No.488 of 2021 registered in relation to the offence punishable u/Ss.392 of IPC and Section 11/13 of MPDVPK Act.

It is alleged that there is recovery of one mobile phone from the present applicant. Charge-sheet has been filed. Applicant is in custody since 30.08.2021. He is a first offender. The applicant is ready to abide with all the terms and conditions as may be imposed by this court while considering this bail application.

Per contra, learned counsel appearing for the State has opposed the bail application and has submitted that as per the case diary, investigation is still pending in the matter. However, he could not dispute the fact that the present applicant has no criminal past.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this court deems it appropriate to allow this application. Accordingly, the bail application is allowed subject to verification of the fact that he is having no criminal history. The applicant is directed to be released on bail and on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent 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 :-

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 her 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;

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

If the applicant is found involved in any other case except present one, the bail granted to the applicant shall stand rejected without 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.

Application stands allowed and stands disposed of.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

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.

CC as per rules.