Nishant @ Nishan Singh vs State Of M.P

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 02/04/2021 by Police Station Dabra, Distt.

Gwalior (M.P.) in connection with Crime No.271/2021 registered for offence under Section 392 of IPC, 11/13 of MPDVPK Act.

It is submitted by learned counsel for the applicantâ€" Nishant @ Nishan Singh that the applicant has not committed any offence. He has falsely been

implicated in this case. Only omnibus allegations are made against the present applicant. It is further submitted that co-accused Indrajeet Singh has

already been granted bail by this Court vide order dated 28/04/2021 passed in M.Cr.C. No.20514/2021. The applicant is ready and willing to render his

services as COVID warrior in addition to the conditions which may be imposed by this Court in case of grant of bail. Hence, learned counsel 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 application and has submitted that till date identification parade has not been done, therefore in

case of grant of bail to the applicant, prosecution witnesses will be adversely affected. 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, and the fact that co-accused Indrajeet Singh has already been granted bail by this Court and trial

will take its own time, 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.1,00,000/- (Rupees One Lakh 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. 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 offence similar to the offence of which he is accused;

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;

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 enroll himself with the District Magistrate, Gwalior as COVID-19 Warrior by entering his name in a Register named as

COVID-19 WARRIOR REGISTER. The applicant then, shall be assigned work of COVID-19 disaster management at the discretion of District

Magistrate concerned by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of

concerned District Magistrate. This Court expects that the applicant shall rise to the occasion to serve the society in such crisis by discharging his

fundamental duty of rendering national service when called upon to do so as per Article 51-A(d) of the constitution.

It is made clear that the applicant shall be released on bail only after completion of Identification Parade, if not already done.

Registry is directed to communicate this order through e-mail to the concerned District Magistrate for compliance of condition No.8.

The District Magistrate concerned is directed to intimate this Court in case condition No.8 is not complied with and on receipt of any such intimation,

Registry is directed to list the matter before appropriate Bench as PUD.

Application stands allowed and disposed of.

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

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