Avadhesh 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.

Applicant has been arrested on 12.07.2021 by Police Station Umri, District Bhind (M.P.) in connection with Crime No.198/2021 registered in relation

to the offence punishable u/Ss. 399,400, 402 of IPC, under Section 11/13 of MPDVPK Act and 25/27 of Arms Act.

The allegation against the present applicant is that applicant and other co-accused were planning to commit dacoity.

It is submitted by the counsel for the applicant that applicant is having two other criminal cases. He is already on bail in the other cases. Therefore, he

prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that applicant is having two other criminal cases.

Considering the overall facts and circumstances of the case, this Court deems it appropriate to allow this application, accordingly, the application is

allowed. 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;

In case of involvement of any other offence by the present applicant, the bail granted by this Court shall stand automatically cancelled.

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 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.