Raju Sharma vs State Of M.P

Learned counsel for the rival parties are heard through video conferencing. The petitioner has filed this 5th repeat application u/S. 439 of Cr.P.C. for

grant of bail.

The petitioner has been arrested on 12.07.2019 by Police Station Dimni District Morena (M.P.) in connection with Crime No.6/15 registered in

relation to the offence punishable u/S.147, 148, 149 & 302 of IPC.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Present is a case of bail jump where petitioner had been granted bail earlier but on account of his absconsion his bail bonds were cancelled and he

could be arrested on 12.07.2019. As regards antecedents petitioner has brought on record six judgments of acquittal.

Considering the fact that petitoner is in custody since more than 11 months and he has been granted bail earlier on merits and looking to the special

circumstances of ongoing Covid-19 pandemic and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to

the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to

extend the benefit of bail to the petitioner.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner 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 the like amount to the satisfaction

of the concerned Magistrate.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

•The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the trial ;

The petitioner 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/her

from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trials;

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the

Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this

order.

The petitioner as a Shiksha Swayamsewak shall render physical and financial assistance to Govt. Primary School situated nearest to his residence for ensuring

hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said School from the skill /resources of petitioner. (

।)

Petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat within whose territorial jurisdiction the said

school is situated.

It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat to preserve the said information provided by the petitioner and pass it

on to the concerned PLV as and when required.

The Registry of this court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block

Education Officer of the district/block concerned for information and compliance.

A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of

the area concerned to verify as to whether petitioner has complied with condition No.8 or not and submit report once every month.

In case report regarding condition No.8 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD

before appropriate Bench.

A copy of this order be sent to the Court concerned for compliance.

C.c as per rules.

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