Naresh And Others vs State Of Madhya Pradesh

Vishal Mishra, J

This is first bail application u/S.439 Cr.P.C filed by the applicants for grant of bail.

T he applicants have been arrested on 13.11.2021 by Police Station Dharnavada District Guna in connection with Crime No.406 of 2021 registered i n relation to the offence punishable u/Ss.379, 511 of IPC and Section 136 of Electricity Act.

It is submitted by learned counsel for the applicants that the allegation against the present applicants is of theft of black oil from DP. It is further submitted that the investigation is over in the matter on 27/11/2021 and only charge-sheet is required to be filed, therefore, there is no further requirement of custodial interrogation of the applicants. The applicant are ready to abide with all the terms and conditions as may be imposed by this court while considering this bail application.

Per contra, learned counsel appearing for the State has opposed the bail application and has submitted that applicant No.1 is having criminal history of three cases whereas applicant No.2 is having criminal history of two cases including the present case but he could not dispute the fact that now investigation is over and only charge-sheet is required to be filed.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this court deems it appropriate to allow this application. Accordingly, the bail application is allowed. The applicants are directed to be released on bail on each of them furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

The applicants shall submit written undertaking that they 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 applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused.

The applicants will not seek unnecessary adjournments during the trial;

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

In case of involvement of the applicants in any other case, this bail order shall automatically stand cancelled ;

8.The applicants will inform the concerned S.H.O. of concerned Police Station about their 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 as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of.

The applicants shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they reside. Applicants shall further submit the undertaking to the effect that they will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

I n view of the COVID-19, jail authorities are directed that before releasing the applicants, 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.

CC as per rules.