Monu Jatav vs State Of Madhya Pradesh

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dabra, District- Gwalior in connection with Crime No.456/2020 registered in relation to the offences punishable under Sections 399, 400, 402 of IPC and Sections 11/13 of MPDVPK Act and Sections 25/27 of Arms Act.

Prosecution story, in short, is that on the basis of information received by the informer, FIR was lodged against the applicant and co-accused persons stating therein that those persons were planning to commit dacoity. On the basis of the same, applicant alongwith co-accused have been arrested

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He is in custody since 14/08/2020. The applicant has not committed any loot. It is also submitted by the learned counsel for the applicant that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental and trial is also held up due to COVID-19. The applicant is a permanent resident of District Gwalior (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer appearing for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is also submitted that three more cases are registered against the present applicant.

At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.2,000/- (Rupees Two Thousand) in the account of the High Court Bar Association, Gwalior.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.2,000/- (Rs.Two Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The applicant shall submit an attested photocopy of such receipt before the concerned court for placing the same on record.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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/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 automatically without further reference to the Bench.

The applicant shall install Arogya Setu App (if not already installed) in his mobile phone;

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.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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