Johny @ Nitin vs State Of M.P.

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case diary is perused.

Heard learned counsel for the parties.

Applicant has filed this first bail application under Section 439 of the Cr.P.C. for grant of bail.

Heard on IA No. 17113/2020, an application seeking interim bail on the ground of death of father of the applicant on 21/09/2020

The applicant has been arrested on 17/08/2020 by Police Station Porsa District Morena (M.P.), in connection with Crime No.535/2020 registered in relation to the offence punishable under sections 307, 294, 506 and 336 of the IPC.

The factum of death has been got verified and report has been filed.

Learned counsel for the applicant submitted that he is only son and he is required to take care of his family and other ceremonies, therefore, applicant deserves to be released on interim bail.

Considering the facts and circumstances of the case, this Court is inclined to release the applicant on interim bail for a period of 7 days ( seven days) from tomorrow (30/09/2020).

Accordingly, interim bail is allowed and it is directed that the applicant be released on interim bail for a period of 7 days' from tomorrow (30/09/2020) on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative for a period of 7 days' from tomorrow (30/09/2020) subject to compliance of the following conditions by the applicant:-

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

If the applicant commits any offence while being on interim bail, then this bail order shall stand cancelled automatically without further reference to the Bench.

The applicant shall surrender before the concerned trial Court on 07/10/2020 for being committed to custody.

Copy of the order be sent to concerned trial Court with a direction to send a report to this Court regarding the applicant's surrender.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

List this matter in the week commencing 12/10/2020.

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