Dayaram Jatav vs State Of M.P

Vishal Mishra, J

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

Gwalior in connection with Crime No.233/2020 registered in relation to the offence punishable under Sections 379, 414 of IPC and Section 4/21 of

Khaniz Adhiniyam. First application was dismissed as withdrawn vide order dated 13.01.2021 passed in M.Cr.C. No.1383/2021 with liberty to repeat

the same after completion of investigation and filing of charge sheet.

It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. It is submitted that the

applicant is a driver and he was only standing on the pile of sand. It is argued that the charge sheet has been filed before the trial Court. It is submitted

that as per the case diary the investigation was over in the matter but the factum of filing of charge is not reflected in the case diary. The applicant is

in custody since 28.12.2020. He is the first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court. On these

grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the application and prays for its rejection. However, he fairly submits that the applicant is the first

offender.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case, but without commenting upon the merits 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, subject to verification of the fact that the applicant

is the first offender and the fact that charge sheet has been filed, and on furnishing a personal bond in the sum 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 he 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 Panel Lawyer 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.

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 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.