Gyan Singh vs State Of M.P

Rajeev Kumar Shrivastava, J

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20/04/2020 by Police Station Sironj, Distt.

Vidisha (M.P.) in connection with Crime No.166/2020 registered for offence under Sections 302, 323, 294/ 34 of IPC.

It is submitted by learned counsel for the applicantâ€" Gyan Singh that the applicant has not committed any offence. He has falsely been implicated in

this case. Applicant is in custody since 20/04/2020, i.e. for around one year & two months. It is further submitted that co-accused Pappu Kushwah

has already been granted bail by co-ordinate Bench of this Court vide order dated 31/05/2021 passed in M.Cr.C. No.25349/2021. The case of present

applicant is on same footing. It is also submitted that trial will take its own time as due to present situation of COVID-19 pandemic, there is no

possibility of commencement of trial in near future. Hence, learned counsel prays for grant of bail to the present applicant. He further undertakes to

abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local

Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that offence against the present applicant is registered under

Sections 302, 323, 294/34 of IPC, which is heinous in nature. Hence, prayed to reject the present application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the case, and the fact that co-accused Pappu Kushwah has already been granted bail by co-ordinate

Bench of this Court and trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed

that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like

amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released. After release, the applicant is further directed to strictly

follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19.

If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local

Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody

and would send him to the same jail from where he was released.

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 them 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 move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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 SHO 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 for information.

Application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for information.

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