Aslam Khan @ Kallu @ Kaliya vs . State Of M.P

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 08/6/2021 in connection with Crime No.10/2021 registered at Police Station Kotwali, District Datia for offence

under Sections 392, 336 and 34 of IPC, Sections 11 and 13 of MPDVPK Act and Sections 25 and 27 of Arms Act.

It is submitted by learned counsel for applicant Aslam Khan @ Kallu @ Kaliya that the applicant has been falsely implicated. He has not committed

any offence. The applicant is in jail since last one month. Other co-accused persons Guddan @ Ikrar and Nafeesh Khan have already been granted

bail by this Court and case of the present applicant is also on the same footings. It is further submitted that the applicant is ready and willing to deposit

a sum of Rs.5,000/- for the welfare of children housed in Mercy Home. He shall further get vaccinated as early as possible and shall deposit the

complete vaccination report before the Trial Court. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that co-accused Guddan @ Ikrar and Nafeesh Khan have already been granted bail, without commenting on 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 Court

concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her 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/her house, and if the

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

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she 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 COVID-

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/her in

custody and would send him/her to the same jail from where he/she 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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/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 an offence of which he is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6 . 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/her 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;

The applicant shall mark his presence before the SHO of the concerned Police Station on 1st of every month till conclusion of the trial. The

concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a year;

and

As submitted by learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.5,000/- (Rs. Five Thousand Only) with the

Registry of this Court which shall be utilized by the Principal Registrar for purchasing and supplying the appropriate articles as per need of Mercy

Home Gwalior.

Concerned In-Charge, Mercy Home is hereby directed that after receiving the articles sent by the Principal Registrar of this Court, entry of articles

shall be made in stock register of the Mercy Home and copy of the aforesaid stock register be sent to the Principal Registrar of this Court monthly.

As has been submitted by learned counsel for the applicant above, applicant is further directed to get vaccinated as early as possible and shall file the

complete vaccination report before the trial court.

Application stands allowed and disposed of.

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

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