Ragvendra @ Chotu vs State Of Madhya Pradesh

Vishal Mishra, J

This is first bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail.

Applicant has been arrested by Police Station Dehat, District Bhind (M.P.) in connection with Crime No.467/2020 registered in relation to the offence

punishable u/S. 302, 34 and 120-B of IPC and Sec. 25/27 of Arms Act.

It is alleged that investigation is over in the matter and charge sheet has been filed. He is in custody since 25.10.2020 (wrongly mentioned date of

arrest to be 04.12.2020). It is submitted that the allegation against the present applicant is that he has sold the weapons to the other co-accused eight

months' back, which have been used in commission of offence by the other co-accused. He has been implicated only on the basis of memo of 27 of

other accused-Ram Shankar, who has categorically stated that he has purchased the weapons from the present applicant. Neither there is overt act of

the present applicant in commission of the offence under Section 302 of IPC nor his presence has been shown by the prosecution on the place of

incident. He 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 and

also shown his willingness to render his services during this COVID-19 pandemic scenario for helping the needy.

Per contra, counsel for the State has opposed the application stating that it is a double murder case, wherein, the allegation against the present

applicant is that he has sold the weapons to other co-accused persons for committing the offence, but he fairly submits that neither there is allegation

of committing the offence under Section 302 of IPC against the present applicant nor his presence has been shown by the prosecution on the place of

offence. It is further submitted that applicant is having criminal history of two other cases registered under Section 307 and 302 of IPC respectively. It

is submitted that other co-accused persons are absconding in the matter, therefore, he has prayed for dismissal of the bail application.

At this stage, counsel for the applicant submits that in those cases also he has been implicated only on the basis of memo of 27 of other co-accused

persons.

Considering the overall facts and circumstances of the case and also the fact that charge sheet has been filed in the matter also the directives issued

by the Hon'ble Supreme Court 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 directives issued by the Division Bench of the Principal seat on 17.05.2021 IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in

SUO MOTU W.P. (C) No.9320/2021 and considering the present scenario of COVID-19, this Court deems it appropriate to allow this application,

accordingly, the application is allowed. 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by

this Court shall automatically cancelled.

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.

As he has gracefully volunteered to render his services during this COVID-19, he is directed to render his services and get himself registered as a

Covid Warrior with the Collector, concerned to enable him to render his social services at District Hospital/Tahsil Hospital, concerned under the

supervision of the Superintendent of the Hospital/CMHO, District concerned for a period of three months from the date of registration as a Covid

Warrior. He will get himself registered within a period of seven days from the date of his release.

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.

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