Mohmmad Anis vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.

The applicant is in custody since 15.02.2021 in connection with Crime No. 72/2021 registered at P.S.-Kotwali, District Jabalpur (MP) for the offence

punishable under Section 392 read with Section 34 of IPC.

As per the prosecution, the complainant lodged a complaint that while coming towards his house, four unknown persons came on Activa and Splendor

Motorcycle and snatched his mobile.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated. No Test Identification Parade has been conducted and

the applicant has been made accused on the basis of memorandum of co-accused. It is stated that nothing has been seized from him. It is lastly

submitted that in the present scenario of COVID-19 pandemic, the trial would take considerable time to conclude, the applicant is in custody since

15.02.2021, therefore, he may be released on bail.

Learned Panel Lawyer, on the other hand, has vehemently opposed the bail application and prayed for rejection of the same. It is stated that the

Activa seized from the present applicant was a stolen one and another offence has been registered against him vide Crime No.170/21 on the same

day at Adhartal Police Station,Jabalpur. However, he has fairly submitted that prior to this there is no criminal antecedents against the present

applicant.

Considering that initially the complaint was lodged against unknown persons and no Test Identification Parade has been conducted and the applicant

has been implicated on the basis of memorandum of co-accused, without commenting on the merits of the case, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one

surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard

during the trial.

This order will remain operative subject to compliance of the following conditions :-

“1. 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled

The 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 learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.â€​

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to learned Panel Lawyer, on their respective

email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

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