Chetan Valmik vs State Of M.P

Vishal Mishra, J

The applicant has filed this sixth application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, District

Morena in connection with Crime No.237/2009 registered in relation to the offence punishable under Sections 394, 302 of IPC and sections 11, 13 of

M.P.D.V.P.K. Act.

It is a case of bail jump. Learned counsel for the applicant submits that the the applicant has been arrested and taken into custody in pursuance to

execution of warrants issued by the Court. Counsel for the applicant submits that he is in custody since 8.1.2021. He is ready to abide by all the terms

and conditions that as may be imposed by this Court. It is further submitted that looking to the present scenario of COVID-19 pandemic, he prays for

grant of bail.

Per contra, counsel for the State has opposed the bail application stating that the applicant has misused the liberty granted to him by enlarging him on

bail. He has not abide by all the terms and conditions and prays for rejection of application.

Considering the overall facts and circumstances of the case and the fact that the applicant was already granted bail by this Court vide order dated

9.1.2015, this Court deems it appropriate to allow this application. The application is allowed subject to payment of cost of Rs.3000/- (Rupees Three

Thousand) to be deposited with the Principal Registrar of this Bench within a period of seven days.

The applicant is directed to be released on bail only on submission of receipt of deposit of Rs.3,000/- (Rupees Three Thousand ) with the Principal

Registrar of this Bench and on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety of the like amount to the

satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will 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 State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the

concerned SHO regarding the same.

The applicant shall mark his attendance before the Police Station Civil Line, Morena in first week of every month till conclusion of Trial.

Application stands allowed and disposed of.

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 applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy/Certified copy as per rules/directions.