Ashok Kir vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 14.11.2021 in connection with

Crime No.134/2016 registered at Police Station Goutampura, District Indore (M.P.) for commission of offence punishable under Sections 379, 109 and

120-B of IPC.

Prosecution story, in brief is that in the intervening night of 06-07.07.2016, applicant took complainant's tractor bearing registration No.MP09-AC-6502

without his permission and stolen the same.

Learned counsel for the applicant submits that applicant was enlarged on bail by the Trial Court but he could not appear on 30.09.2021 due to which

arrest warrant was issued against him and in consequence to which, he has been arrested and is in custody for about 2-1/2 to 3 months. Learned

counsel further submits that on 30.09.2021, applicant was in custody in connection with some other matter, due to which he was unable to appear

before the Trial Court and arrest warrant was issued against him. His absence was not intentional and therefore, looking to the period of his custody,

applicant is entitled for grant of bail.

Learned Panel Lawyer for the non-applicant - State has opposed the application and submits that applicant is a habitual offender and about 10 criminal

cases are registered against him. There is nothing on record on the basis of which it can be said that on 30.09.2021, he was in custody in connection

with some other matter and therefore, he is not entitled for grant of bail.

Having considered the rival submissions, overall material produced on record against the applicant and also considering the period of his custody, this

Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is

allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand

only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as

may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of

Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by

the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.