Kanha Sharma vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No. 15955/2021 and 15956/2021, applications for urgent hearing are taken up, considered and allowed for the reasons mentioned therein.

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

Applicant has been arrested on 8.11.2020 by Police Station Station Road, District Morena (MP) in connection with Crime No. 1493/2020 registered

for the offence punishable under sections 25/27 and enhanced section 25-1B of the Arms Act.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has been falsely implicated in the case. Now,

investigation is complete and charge sheet has been filed and the trial will take its own time. Hence, 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 counsel for the State has vehemently opposed the application and has submitted that there are 15 criminal antecedents against the present

applicant, hence prays for rejection of the bail application of the applicant.

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

The applicant is in custody since 8.11.2020. Now investigation is complete. 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 Lakh 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 by it.

In view of COVID-19 pandemic, the jail authorities are directed tha t 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 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/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

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

The applicant/s will not indulge himself/herself/themselves 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/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order

shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

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

The applicant/s will inform the SHO of concerned Police Station about his/her/their 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.

Applicant shall mark his presence before the SHO of the concerned Police Station once in every month (every 30 days) till conclusion of the trial.

The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a

year.

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.