Narottam Pandey vs State Of MP

Rajeev Kumar Shrivastava, J

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17/7/2021 by Police Station Dabra City,

District Gwalior (M.P.) in connection with Crime No.610/2021 registered for the offence under Section 394 of IPC and Section 11, 13 of the

MPDVPK Act.

It is submitted by learned counsel for the applicant- Narottam Pandey that the applicant has not committed any offence. He has falsely been

implicated in this case. Applicant is in custody since 17/7/2021. It is further submitted that co-accused, Upendra Kashyap (Batham) has already been

granted bail by this Court vide order dated 4/8/2021 passed in M.Cr.C. No.38436/2021. It is also submitted that in case of grant of bail, in addition to

the conditions imposed by this Court, applicant is ready and willing to deposit a sum of Rs.2,000/-in the High Court Legal Aid Services Authority,

Gwalior, which shall be utilized towards treatment of visually impaired children. Hence, 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 vehemently opposed the submissions and submitted that the offence is registered under Sections 394 of IPC and Section

11, 13 of the MPDVPK Act. The alleged offence has been committed by the present applicant along-with other co-accused of the case in a planned

way and they have looted two cameras from the complainant. Hence, prayed to reject this application filed 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 facts and circumstances of the case along-with the fact that co-accused 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.75,000/- (Rupees Seventy Five Thousand 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 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 house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he 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 Govt./State

Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he 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 kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

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;

7 . 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.

The applicant shall mark his presence before the SHO of the concerned Police Station fortnightly (every 15 days) during the pendency of the trial.

The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a

year; and

As submitted by learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.2,000/-(Rs. Two Thousand Only) with the

Secretary, High Court Legal Aid Services Authority, Gwalior, which shall be utilized for treatment of visually impaired children.

Application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for compliance.

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