Nimma @ Nigam Prajapati vs State Of MP

S.A. Dharmadhikari, J

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 18/07/2020 by Police Station Gwalior, District Gwalior (M.P.) in connection with Crime No. 237/2021 registered in relation to the offence punishable under Sections 457, 511 of the IPC.

Allegations against the applicant, in short, are that the applicant along with co-accused has entered into the dwelling house of the complainant and has committed theft. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is a youth of 25 years of age and he has been falsely implicated in the matter. He in custody since 18/07/2021. Charge-sheet has been filed, therefore, further custodial interrogation is not required. It is further submitted that the applicant has been implicated in the present case on the basis of memorandum under section 27 of Evidence Act, which has no evidentiary value. Neither TIP has been conducted nor the stolen material has been recovered from the possession of the applicant. Owing to COVID-19 outbreak, trial is not likely to conclude in near future and detention of applicant in already congested prisons may be detrimental. Applicant is a permanent resident of District- Gwalior. 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 State counsel opposed the application on the ground that 15 criminal cases have been registered against the applicant forming criminal antecedents 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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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. 1,00,000/- (Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish a written undertaking 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 :-

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

He 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference to this Court.

Learned State counsel 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.