Dhanraj Meena And Another vs State Of Madhya Pradesh

Vishal Mishra, J

This is second bail application u/S.439 Cr.P.C. filed by the applicants for grant of bail. First bail application was rejected vide order dated 15.03.2021 passed in M.Cr.C.No.10506/2021.

Applicants have been arrested on 08.02.2021 by Police Station Dehat, District Sheopur (M.P.) in connection with Crime No.26/2021 registered in relation to the offence punishable u/Ss. 353, 294, 506, 186, 34 of IPC and added Sections 379, 414 of IPC and also under Section 4,21 of M.P. Mines and Minerals (Development and Regulation) Act.

It is argued by the counsel for the applicants that charge-sheet has been filed on 01.04.2021. Applicants are in custody since 08.02.2021. Applicants are ready to abide by all the terms and conditions that may be imposed by this Court while considering their application for grant of bail.

Per contra, counsel for the State has opposed the application stating that applicants have criminal history of four cases. Two cases are of the year 2021. Out of which one is on the basis of private complaint. Two cases are of the year 2015 under Gambling Act. He prays for dismissal of the bail application.

Considering the overall facts and circumstances of the case without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application, accordingly, the application is allowed. The applicants are directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) each with one solvent surety each of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and they 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 they 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 applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused;

In case of involvement of the applicants in any other offence, the bail granted by this Court, their bail application shall automatically cancelled.

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

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

The applicants will inform the concerned S.H.O. of concerned Police Station about their 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 applicants, medical examination of applicants shall be undertaken by the jail doctor and on prima facie, if it is found that they are 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 their place of residence.

Copy of this order be sent to the trial Court concerned for compliance.