Manoj Kumar Yadav vs State Of M.P

Vishal Mishra, J

The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Padav, District Gwalior

in connection with Crime No.236/2019 registered in relation to the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC.

It is submitted that the applicant has been falsely implicated in the case. He has not committed the offence in any manner. It is alleged that on the

basis of memorandum of the co-accused Sonu @ Yashpal the name of the present applicant has been roped up in the present offence. The only

allegation against the present applicant is that he has helped the other co-accused in opening the bank account. No other allegation with respect to

misappropriation of funds has been alleged against the present applicant. There is no recovery from the present applicant. As far as other offence

registered against the present applicant is concerned which is registered at Police Station Maharajpura, the applicant has already been enlarged on bail

considering the facts and circumstances of the case in M.Cr.C. No.6647/2021 vide order dated 8.2.2021. The present applicant has no direct

connection with the aforesaid offence which is registered at Police Station Maharajpura. He is in custody since 20.01.2021 and is ready to abide by all

the terms and conditions that may be imposed by this Court. On these grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that there is active participation of the present applicant in commission of offence

which is reflected from the statement of co-accused Sonu @ Yashpal, but he fairly admits that he is not named in the FIR. Only on the basis of memo

of Section 27 he has been roped up in the case. Investigation is pending in the matter and the applicant is having another case registered against him at

Police Station Maharajpura.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case but without commenting upon the merits of the case, this Court deems it appropriate to allow this

application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing a personal bond in the sum of

Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer /trial Court, as the case

may be with submission of written undertaking and he will abide by all terms and conditions of the different circulars, orders as well as guidelines

issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel

Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 him 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 seek unnecessary adjournments during the trial; and

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 concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

In case of involvement of the applicant in any other offence, the bail granted by this Court shall stand rejected automatically.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E- copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.