Hari Singh vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail. Applicant has been arrested on by Police Station Sirol, District Gwalior (M.P.) in connection with Crime No.47/2021 registered in relation to the offence punishable u/Ss. 379, 414 of IPC and Sec. 4, 21 of M.P. Mines and Minerals (Development and Regulation) Act.

It is submitted by the counsel for the applicant that the applicant has falsely been implicated in the case and he has not committed any offence in any manner. It is further submitted that allegation against the present applicant is of transporting illegal sand who is the driver of the vehicle in question. There is no criminal past of the present applicant. He is in custody since 18.03.2021. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.

Per contra, learned P.L. for the State has opposed the bail application. He fairly submits that as per case diary, he is having no criminal history.

Considering the overall facts and circumstances of the case and also looking to the custody period of the present applicant, this Court deems it appropriate to allow this application. Accordingly, the application is allowed subject to verification of the fact that he is having no criminal history. The applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and he 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 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

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 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 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 applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

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