Kishore Kumar Mishra @Abhay Mishra vs State Of M.P

Akhil Kumar Srivastava, J

This is first application filed by applicant u/S 439 CrPC for grant of bail in connection with Crime No.254/2020 registered at Police Station Civil Lines District Satna (M.P.) for the offence under Sections 379, 419, 420, 467, 468, 471 r/w section 34 of IPC.

As per prosecution case, the allegation against the applicant is that he along with other co-accused have committed theft of car from the shop of the complainant on the pretext of test drive. Therefore, the offence as aforesaid has been registered against them.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted that the applicant has taken the car on rent but a false case has been made against him and the said car has been recovered. He is in custody since 26.06.2020 and looking to the pandemic situation of Covid 19, regular trial of the case is not possible. On these grounds, learned counsel prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State opposes the bail application on the ground that the applicant has criminal antecedents.

Heard counsel for the respective parties and perused the case diary.

Considering the entire facts and circumstances of the case as well as the period of custody incarcerated by the applicant in jail and the pandemic situation of Covid 19, the application is allowed without commenting anything on the merits of the matter. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No.1/2020 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.

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

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 commit any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

Certified Copy on payment of usual charges.