Jeetu Baghel vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 24/08/2020 by Police Station

Karera, Distt. Shivpuri (M.P.) in connection with Crime No.479/2020 registered for offence under Section 379 of IPC and Sections 4(1), 21(1) of

Mines & Minerals (Development & Regulation) Act.

It is submitted by learned counsel for the applicant- Jeetu Baghel that the applicant has not committed any offence. He has falsely been implicated in

this case. This is second bail application on behalf of the applicant. Earlier he was released on bail by this Court for a temporary period of 60 days.

Now total custody period of the applicant is around 2 months & 20 days. It is further submitted that the applicant is the driver of the seized vehicle.

There is no criminal antecedent against the present applicant. Trial will take its own time. Applicant is ready to abide by any condition which may be

imposed by this Court. 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 is registered under Section 379 of IPC and Sections

4(1), 21(1) of Mines & Minerals (Development & Regulation) Act. Hence, prays for rejection of present application filed for grant of bail to the

applicant.

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

Considering the facts and circumstances of the case, 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.75,000/- (Rupees Seventy Five Thousand only) with one

solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the

dates fixed 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 any kind of offence. In case of commission of any kind of offence, this bail order shall automatically

stands cancelled;

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.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight till conclusion of the

trial. The concerned SHO is directed to submit attendance report of the applicant before the Registrar of this Court once in every

quarter of a year.

Application stands allowed and disposed of in above terms.

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

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