Gyan Singh vs State Of M.P

S.A. Dharmadhikari, J

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Gohad Chowk, District Bhind, in connection with Crime No.150/2018 registered in relation to the offences punishable under sections 399, 400, 402 of the IPC, 11/13 of the MPDVPK Act and 25/27 of the Arms Act.

Allegations against the applicant, in short, are that he along with other accused persons was involved in making preparation to commit dacoity and Luhangi Lathi was recovered from him.

Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has not committed the alleged offence. He is innocent and not involved directly or indirectly in commission of said offence. Even in view of averments of FIR, no alleged offence is made out against the applicant. Learned counsel further submits that investigation stands completed by filing of the charge sheet. No further custodial interrogation is required. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is in jail since 15/01/2019 and he is a permanent resident of District- Bhind (M.P.). There is no possibility of his absconding or tampering with the evidence. The applicant is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

He 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

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

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference to this Court.

Learned State Counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy / E-copy as per directions/rules.