Irfan @ Bhopa vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 18.03.2021 by Police Station Crime Branch, Gwalior (MP) in connection with Crime No. 34/2021 registered for the

offence punishable under sections 379, 411 and 414 of IPC.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has not committed any office. Investigation and trial will take

its own time. It is further submitted that other co-accused of this case has already been granted the benefit of bail and the case of the present

applicant is on same footing. It is further submitted that the applicant is ready and willing to render his services as COVID warrior in additional to the

conditions which may be imposed by this Court in case of grant of bail. Hence, prayed for grant of bail. 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 counsel for the State has vehemently opposed the application and has submitted that the case is registered under sections 379, 411 and 414 of

IPC and one criminal antecedent under section 376 of IPC is pending against the applicant. Hence prayed to reject the bail application of the

applicant.

Learned counsel for the applicant further submitted that

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

Considering the the arguments advanced by learned counsel for the parties, 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.25,000/-

(Rupees twenty five thousand 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 only after taking due travel permission from local

administration. 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/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

The applicant/s will cooperate in the investigation/trial, as the case may be;

The applicant/s will not indulge himself/herself/themselves 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/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order

shall stand cancelled automatically;

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

The applicant/s will not leave Gwalior and India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant/s will inform the SHO of concerned Police Station about his/her/their 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 for information.

The applicant shall enroll himself with the District Magistrate, Gwalior as COVID-19 warrior by entering his name in a Register named as COVID-

19 WARRIOR REGISTER. The applicant then, shall be assigned work of COVID- 19 disaster management at the discretion of District Magistrate

concerned by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the wisdom of District Magistrate,

Gwalior. This Court expects that the applicant shall rise to the occasion to serve the society in such crisis by discharging his fundamental duty of

rendering national service when called upon to do so as per Article 51-A(d) of the Constitution.

Application stands allowed and disposed of.

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

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