Jitendra Rajoria vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

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

The applicant is arrested on 25.4.2021 by Police Station Thatipur district Gwalior, in connection with Crime No.255 of 2021 registered in relation to the

offence punishable u/S 457 and 380 of IPC.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any

manner. It is further submitted that the applicant has been implicated on the basis of memorandum of co-accused Kartik recorded under Section 27 of

the Evidence Act, who has already been granted bail by this court. The allegation of committing theft has been levied against the applicant. The

investigation is complete in the matter and the charge sheet has already been filed. The applicant is a first offender having no criminal history. The

applicant is ready to abide with all the conditions as may be imposed by this court. On these grounds, the applicant prayed for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application but he could not dispute the factum of the applicant being first

offender having no criminal history on the basis of case diary

Considering the over all facts and circumstances of the case and the fact that the applicant is a first offender having no criminal history which is not

disputed by counsel for the State as well as looking to this Covid 19 Pandemic Scenario, this application is allowed. The applicant be released on bail

on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) each with one solvent surety in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he will 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 them/him;

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

The applicant will not indulge himself/themselves 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 indulge 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;

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

If the applicant is found involved in any other cases except what has been stated above, this bail order shall stand cancelled without further

reference to the court;

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.

Application stands allowed and stands disposed of.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police

Station; where he resides. The applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

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 applicant 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 provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.