Chandu And Others vs State Of M.P

Vijay Kumar Shukla, J

On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video

conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video

conferencing.

Heard and perused the record.

This is first bail application under Section 439 of the Cr.P.C. for grant of bail to the applicants who are in custody since 26.12.2020 in connection with

Crime No.618/2020 registered at Police Station Nimbola, District Burhanpur (M.P.) for the offence punishable under Sections 136, 137 of Electricity

Act and 411 of Indian Penal Code.

The allegations against the present applicants are that on 26.11.2020 a complaint was received to the effect that some unknown persons are tempering

with the D.P. and have stolen copper wire, on the basis of which the case has been registered against the present applicants.

Counsel for the applicants submits that similarly placed co-accused person namely Javed @ Bablu has already been granted bail by this Court in

M.Cr.C. No.10078/2021 and other co-accused persons have also been granted bail in M.Cr.C. Nos.13110/2021, 13257/2021, 13120/2021 &

16220/2021. It is further submitted that the present applicant have also been granted bail in similar offences in M.Cr.C. No.28901/2021 & 29406/2021.

It is further submitted that the applicants are in jail since 26.12.2020 i.e. approximately more than 6 months, charge-sheet has already been filed and n

o further custodial interrogation is required and the offence is triable by JMFC therefore, prays for grant of bail to the applicants.

Per contra, learned State counsel opposes the prayer for grant of bail to the applicants.

Considering the aforesaid submission and the principle of parity, I am of the view that the present applicants are also entitled for grant of bail.

Therefore, without expressing any opinion on the merits of the case, the application is allowed.

Accordingly, it is directed that the applicants- Chandu, Rajendra and Kailash shall be released from custody upon furnishing a personal bond of

Rs.50,000/- (Rupees Fifty Thousand Each) with one surety of the like amount each to the satisfaction of the learned Court below. The prison

authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure, that the

Applicants are examined by the jail doctor before their release. If the Applicants shows symptoms of COVID-19, the doctor shall forthwith direct

them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion

that the Applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.

It is further made clear that this order will remain operative subject to compliance of the following conditions :-

(i) The applicants will comply with all the terms and conditions of the bond executed by him.

(ii) The applicants will co-operate in the investigation/trial, as the case may be.

(iii) The applicants 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

(iv) The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

(v) The applicants will not seek unnecessary adjournments during the trial; and

(vi) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A typed copy of this order be forwarded to the Office of the Advocate General, and also to Shri Pramod Kumar Chaurasiya, learned Panel Lawyer, o

n their respective email address for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned

Court below.

The bail application is accordingly allowed.

Certified copy as per rules.