Gajendra Pardi vs State Of M.P

Vishal Mishra, J

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

Badarwas, District Shivpuri in connection with Crime No.30/2021 registered in relation to the offence punishable under Sections 457, 380 of IPC.

It is submitted by counsel for the applicant that he is in custody since 3.2.2021. It is submitted by counsel for the applicant that the applicant has been

falsely implicated in the case and he has not committed any offence in any manner. It is further submitted that total 14 cases registered against the

applicant including the offence under section 307 and 376 of IPC, but it is submitted that he has already been acquitted in the offence under section

376 of IPC and in the other cases he is already on bail. Therefore, learned counsel for the applicant submits that some stringent condition be imposed.

Learned counsel further submits that the offences are triable by Judicial Magistrate First Class. He is ready to abide with all the conditions as may be

imposed by this court. He has shown his willingness to serve the needy during this Covid-19 Pandemic. It is argued that looking to the custody period

of the applicant and the Covid-19 Pandemic scenario, he prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that the applicant is having a long criminal history of 14 cases and prays for

rejection of the bail application.

Taking into consideration the overall facts and circumstances of the case, but without commenting on the merits of the case and the fact that the

offences are triable by Judicial Magistrate First Class and looking to the custody period of the applicant and also 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.

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.

As the applicant has already gracefully volunteered render his services during this COVID-19 pandemic he is directed to register himself as a

COVID-19 Warrior before the Collector, District Guna and render his services in the Govt. Hospital Guna under the supervision of Superintendent of

District Hospital Guna for the period of three months from the date of release.

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.

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.