Prashant @ Sarpanch Kushwah vs State Of M.P

Vishal Mishra, J

The applicant has filed this second application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kotwali

District Datia in connection with Crime No.464/2020 registered in relation to the offence punishable under Section 382, 392 of IPC and section 11/13

of M.P.D.V.P.K. Act. First application was dismissed as withdrawn with a liberty to repeat the same after filing of charge sheet vide order dated

31.5.2021 passed in M.Cr.C.No.22607/2021.

It is submitted by counsel for the applicant that he is in custody since 15.4.2021. Learned counsel for the applicant submits that the investigation is

over in the matter and charge-sheet has been filed in the month of July, 2021. It is submitted that there is no recovery from the applicant. The FIR

was against the unknown persons and no TIP has been conducted in the matter. The co-accused Rahul Ahirwar has already been enlarged on bail

vide order dated 24.2.2021 passed in M.Cr.C.No.7449/2021. The applicant is ready to abide by all the terms and conditions that may be imposed by

this Court while considering his application for grant of bail. As far as criminal history is concerned, the applicant is already on bail in other offences.

Per contra State counsel has opposed the application stating that he is an habitual offender having a criminal history of four cases, out of which two

cases are of similar nature. However, he fairly submits that the charge-sheet has been filed in the month of July, 2021. There is no recovery from the

present applicant and there is no TIP conducted with respect to the applicant.

Taking into consideration the overall facts and circumstances of the case, but without commenting on the merits of the case and looking to the present

scenario of Covid-19 pandemic coupled with the directives issued by the Hon'ble Supreme Court on 7.5.2021 in the case of IN RE : CONTAGION

OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 as well as order passed by the Division Bench of this Court at Principal

Seat on 17.05.2021 IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.9320/2021 regarding decongestion of

prisoners, this Court deems it appropriate to allow this application for grant of bail. The application is allowed.

The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one

solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking

and the applicant will 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 State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform the

concerned SHO regarding the same.

In case of involvement of the present applicant in any other offence the benefit of bail granted by this Court shall stand cancelled automatically.

Application stands allowed and disposed of.

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

movement to reach his place of residence.

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