Rajeev @ Tata Ojha vs State Of Madhya Pradesh

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 City

Kotwali, District Bhind in connection with Crime No.107/2021 registered in relation to the offence punishable under Sections 25 (1-AA), 27, 25 (1-

Ka), 25 (1-Kha) of Arms Act.

It is submitted by counsel for the applicant that he is in custody since 10.7.2021. It is alleged that the applicant has been made accused in the alleged

offence on the basis of memorandum of co-accused under section 27 of the Evidence Act. The applicant is having criminal history of two cases in

which he has already on bail. Learned counsel for the applicant submits that the applicant is ready to abide by all the terms and conditions that may be

imposed by this Court and prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that other co-accused Ravi Kant is still absconding in the matter, but he fairly

submits that the applicant has been implicated in the alleged offence on the basis of memorandum of co-accused under section 27 of the Evidence

Act. State counsel further submits that the applicant is having a criminal history of two cases and prays for rejection of the bail application.

At this stage, learned counsel for the applicant submits that other co-accused Ravi Kant will surrender within seven days.

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

the counsel for the applicant at bar that co-accused Ravi Kant will surrender within seven days 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 subject to fulfillment of the condition that only after surrender

of co-accused Ravi Kant the release warrant of the applicant will be prepared and thereafter he may be permitted to furnish the bail bonds.

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.

7 . 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.

I n 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.