Dharmendra vs State Of MP

Vishal Mishra, J

The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Karera,

District Shivpuri in connection with Crime No.244/2021 registered in relation to the offence punishable under Sections 392 of IPC and sections 11/13

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

It is submitted by counsel for the applicant that he is in custody since 20.5.2021. It is submitted by learned counsel for the applicant that investigation is

over in the matter and charge-sheet has already been filed on 20.7.2021, therefore, there is no further requirement of custodial interrogation of the

present applicant. The prosecution has shown recovery of Rs.1500/- from the present applicant. Co-accused Omi Parihar has already been enlarged

on bail vide order dated 31.7.2021 passed in M.Cr.C.No.37797/2021 and the case of present applicant is identical to that of co-accused Om Parihar.

The applicant is ready to abide by all the terms and conditions that may be imposed by this Court and prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that one criminal case of year 2014 for minor offence has been registered

against the present applicant and there is recovery of Rs.1500/-from the present applicant. In TIP the applicant has been identified, but fairly submits

that the charge-sheet has been filed.

Taking into consideration the overall facts and circumstances of the case, but without commenting on the merits of the case and looking to parity of

the applicant with co-accused Om Parihar who has been enlarged on bail and looking to the present scenario of Covid-19 pandemic coupled with the

directives issued by the Hon'ble Supreme Court on 7.5.2021 in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO

MOTU W.P. (C) No.1/2020 as well as order passed by the Division Bench of this Court at Principal Seat on 17.05.2021 IN RE : CONTAGION OF

COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.9320/2021 regarding decongestion of prisoners, this Court deems it appropriate to

allow this application for grant of bail. The application is allowed.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees 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.

7 . 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.

In case of involvement of the present applicant in any other offence the benefit of bail granted by this Court shall stand cancelled automatically.

Application stands allowed and disposed of.

I n 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.