Luvkush vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. Applicant has been arrested on 11.02.2021 by Police Station Vijaypur, District Sheopur (MP) in connection with CrimeNo.22/2021 registered for the offence punishable under sections 392, 393 of IPC, 11/13 of MPDVPK Act and section 25/27 of the Arms Act.

It is submitted by learned counsel for the applicant that the applicant is aged around 20 years and is in custody since 11.02.2021. Investigation and trial will take its own time. There is no criminal antecedents against the applicant. It is further submitted that co-accused Gaurav Sharma has already been granted bail by this Court vide order dated 12/3/2021 passed in M.Cr.C. No.13338/2021. Hence, seeks parity and 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 State counsel has opposed the application and prayed to reject the application for grant of bail to the applicant.

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

Considering the aforesaid facts and circumstances of the case and also the fact that the co-accused Gaurav Sharma 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 by it.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her 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/her house, and if his/her test is found positive then the applicant shall be immediately sent to concerning hospital for his/her treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she 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/her in custody and would send him/her to the same jail from where he/she 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 any 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;

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 Public Prosecutor 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.

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