Narvendra @ Narendra vs State Of Madhya Pradesh

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 Dehat, District Bhind

in connection with Crime No.19/2021 registered in relation to the offence punishable under Sections 323, 294, 506, 34, 324 and 326 of IPC.

It is submitted that applicant has falsely been implication in the present case. He has not committed any offence in any manner. As per the

prosecution story the allegation against the present applicant is of inflicting injury by kicks and fists. It is submitted that investigation is over and charge

sheet has been filed in the matter on 31.01.2021. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court.

Upon these grounds he prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that he has actively participated in commission of the offence. Factum of filing of

charge sheet is also not disputed by the State counsel. He fairly submits that applicant is a first offender.

Taking into overall facts and circumstances of the case and also considering the custody period of present applicant coupled with the fact that charge

sheet has been filed in the matter, this Court deems it appropriate to allow this application, accordingly, the application is allowed subject to verification

of the fact that he is having no criminal history. 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 like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with

submission of written undertaking and he shall 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 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.

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 applicants shall be released immediately on bail and shall be given a pass or permit

for movement to reach his place of residence.

Copy of this order be sent to the trial Court concerned for compliance.