Kalli @ Dashrath Singh vs State Of M.P

Rajeev Kumar Shrivastava, J

I.A. No.22870/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 24/11/2020 in connection with Crime No.55/2020 registered at Police Station Maharajpura, District Gwalior for

offence under Sections 323, 294, 506-B, 336, 147, 148, 149 and added Section 307 of the IPC and Sections 25/27 and 29/30 of Arms Act.

It is submitted by learned counsel for the applicant â€" Kalli @ Dashrath Singh that the applicant has been falsely implicated. He has not committed

any offence. It is further submitted that the co-accused Ramniwas Singh has already been granted bail by this Court vide order dated 05/12/2020

passed in M.Cr.C. No.48422/2020. Hence, seeks parity and prays for grant of bail to the 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- 9 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has opposed the prayer and prayed to reject the bail.

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

Considering the facts and circumstances of the case and the fact that co-accused Ramniwas Singh has already been granted bail by this Court,

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.1,00,000/- (Rupees One Lac 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 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

Government/State Government or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the

instructions (whether general or specific) issued by the Central Government/State Government 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 an offence similar to the offence of which he is accused;

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; and

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 State

Counsel to send E-copy of this order to SHO of concerned Police Station for information.

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.