Asharam Adiwasi vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station

Chanderi, District Ashoknagar in connection with Crime No.174/2019 registered in relation to the offence punishable under Sections 302/34 of IPC.

It is alleged that applicant has falsely been implicated in the present case and he has not committed any offence in any manner. It is submitted that

applicant is a father of the deceased. It is submitted that material witnesses i.e. eye witnesses of the incident have turned hostile in the matter and no

other material witnesses remains to be examined. The death has taken place as a result of falling on the stone slab. He is in custody since 29.03.2019.

Applicant is a first offender. He is ready to abide by all the terms and conditions as may be imposed by this Court and prays for grant of bail. There is

no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the applicant.

Learned P.P. for the State opposed the application stating that the involvement of the present applicant is clearly reflected from the prosecution story,

but he accepts the fact that all material witnesses have been examined before the trial Court and they have turned hostile in the matter and no other

material witness remains to be examined before the trial Court. He further submits that as per case diary, he is having no criminal case.

Taking into consideration overall facts and circumstances of the case and also the fact that he is having no criminal history coupled with the fact that

he is in custody since 29.03.2019, without commenting anything upon the merits, this Court deems it appropriate to allow this application subject to

verification of the fact that applicant is a first offender. The applicant is directed to be released on bail on 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 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 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 follow up 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.