Arun Rajak vs State Of Madhya Pradesh

Vishal Mishra, J

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

Applicant has been arrested by Police Station Pichhore, District â€" Shivpuri (M.P.) in connection with Crime No.96/21 registered in relation to the

offence punishable under Section 292 IPC and u/S. 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that he is in custody since 8.3.2021. As per the prosecution story the allegation against the present

applicant is that he committed loot of Rs.35,000/- from a vehicle (truck) and recovery of Rs.1000/- is shown from the present applicant by the

prosecution. He further submits that the applicant is a first offender and he is ready to abide by all the terms and conditions as may be imposed by this

Court while considering this application for grant of bail. As the charge sheet has been filed on 28.3.2021, prays for grant of bail.

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

he has been identified. However, he fairly submits that the charge sheet has been filed and he is the first offender.

Considering the overall facts and circumstances of the case, without commenting anything on the merit of the case, this Court deems it appropriate to

allow the bail application subject to verification of the fact that the applicant is a first offender having no criminal history.

Accordingly, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with

submission of written undertaking and he shall 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 cases 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by

this Court shall automatically cancelled.

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 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. 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 followup action including the isolation/quarantine or any test if required, be ensured, otherwise applicants 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 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.