Kalu vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first regular bail application filed by the applicant – Kalu S/o Kishan Verma under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.51/2022 registered at Police-Station – Barwah, District – Khargone (MP) for the offence punishable under Section 379 of Indian Penal Code, 1860 and under Section 53(1)(5) of MP Minor Minerals Rules 1996 and the applicant is in custody since 27.01.2022.

As per prosecution story, it is alleged that five tonnes of sand worth Rs.5000/- has been seized from the possession of owner of vehicle and coaccused.

Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He also submits that investigation has already been completed and chargesheet has been filed in the matter. The applicant is in jail since 27.01.2022 and the final conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Counsel for the non-applicant/State was also heard who has opposed the bail application.

After due consideration of the facts and circumstances of the case and the fact that chargesheet has already been filed in the matter, I am of the opinion that this is a fit case to allow the bail application of applicant. Accordingly the bail application filed by the applicant – Kalu S/o Kishan Verma is allowed

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE: CONTAGION OF COVID-19 VIRUS IN PRISONS in SUO MOTU “WP(C) No.01 of 2020” and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General of the State on their Email Address, for intimation to the Police-Station concerned. The office is requested to forward a copy of this order to the learned Court below.

Miscellaneous Criminal Case No.9241 of 2022 stands allowed and is disposed of in above terms.

Certified copy as per Rules.