Devendra Singh vs State Of M.P.

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first and second applications M.Cr.C.Nos.46994 of 2019 and

52793 of 2019 were dismissed as withdrawn with liberty tor repeat after examination of material witnesses before the trial court vide orders dated

29.11.2019 and 7.1.2020 respectively.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 27.5.2019 by Police Station Umri, district Bhind in connection with Crime No.113 of 2019 registered in relation to the

offence punishable u/S.307, 323, 294 and 506 of IPC.

It is submitted by counsel for the applicant that the applicant is in custody since 27.5.2019 and as per counsel for the applicant, the applicant is having

no criminal history. He has filed order sheets of the trial court to point out that the charges were framed on 20.10.2019 and thereafter on 23.12.2019

warrants were issued for production of witnesses before the court but till date, not even a single witness has been examined. He remained in custody

for near about fourteen months. He is ready to abide with all the conditions which may be imposed by this court. He expressed his willingness to serve

the national cause by making contribution of Rs.5,000/- in PM Care Fund and install Arogya Setu App. Applicant's counsel has relied upon the

judgment passed by Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra and Another reported in 2001 (3)

Crimes 410 (SC). On these grounds, the applicant prayed for grant of bail.

Per contra, learned counsel appearing for the State submits has opposed the application stating that earlier bail applications were dismissed as

withdrawn with liberty to repeat the same after examination of material witnesses before the trial court and there is no delay on the part of

prosecution in keeping present the material witnesses before the court and whatever delay has been caused, it is due to applicant and his counsel

before the trial court. Therefore, he prays for dismissal of this application.

Considering the judgment passed by Hon. Apex Court in the case of Bhausaheb Nagu Dhavare (Supra), the period of custody coupled with alarming

situation of Novel Corona Virus (COVID-19), this Court deems it appropriate to allow this application for grant of bail taking into consideration the

directions issued by the Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P.

(C) No.1/2020 and directions have been issued to all the States to constitute a High Level Committee to consider the release of prisoners in order to

decongest the prisons. The Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the

prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal

Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class

of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider

the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and

the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to

determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been

sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider

appropriate.â€​

Accordingly, this application is allowed. The applicant is directed to be released on bail on furnishing a surety bond of Rs.50,000/- (Rs. Fifty

thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court. The applicant shall deposit Rs.5,000/- in PM

CARES Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank &

Branch : State Bank of India, New Delhi Main Branch within seven working days from the date of release. The applicant shall

submit written undertaking that 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall

automatically cancelled.

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.

If the applicant is found involved in any other case, his bail shall stand rejected without reference to the court;

The applicant shall mark his attendance in the first week of every month before Police Station Umri, district Bhind; and

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.

Application stands allowed and stands disposed of.

Applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station;

where he resides. Applicant further submit the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as

well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to

avoid Novel Corona Virus (COVIC-19) pandemic.

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.

CC as per rules.