Prafulla @ Pappu vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.363/2021 registered at Police Station Juni Indore, distt. Indore (M.P.) under Sections 392, 394, 397, 482 of IPC and Sec.25 of Arms Act.

Counsel for applicant submits that identically placed co-accused persons Paresh, Nitin and Vipul have been granted bail by this court in M.Cr.C. No.39336/2022 and M.Cr.C. No.41544/2022. The statement of complainant and seizure witnesses have been recorded. They have not supported the prosecution case and turned hostile. The applicant has not been identified by the complainant in the court.

Counsel for State opposed the prayer for grant of bail, however could not dispute the fact that the case of the present applicant is identical to the case of co-accused persons.

Considering the aforesaid submissions and taking into consideration that the applicant is in jail since 8.9.2021, the investigation has been completed, the charge sheet has been filed and no further custodial interrogation is required, further the complainant and the seizure witnesses have turned hostile and the identically placed co-accused persons have been granted bail by this court, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct applicant to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure transportation from the jail till the place of residence.

It is further made clear that if it is found that the applicant is involved

in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.