Ramavtar Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No. 514/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 18/12/2020 in connection with Crime No.

132/2020 registered at Police Station Devgarh, District Morena for offence under Sections 307, 323, 294, 506 and 34 of the IPC.

It is submitted by learned counsel for the applicant - Ramavtar Singh that the applicant has been falsely implicated. He has not committed any

offence. Applicant is a physically handicapped person and his one hand and one leg is disabled. In this regard, applicant has filed his disability

certificate in which the doctor has specifically opined that the applicant cannot do any work without an escort. Therefore, the allegations levelled

against the present applicant is totally false. It is further submitted that the applicant is in jail since last almost one month. Investigation and thereafter

trial will take its own time. Hence, prayed for grant of bail to the applicant.

Learned counsel for the State opposed the prayer made by learned counsel for the applicant and has submitted that as per prosecution story as well as

statements given by the eye-witnesses, allegations levelled are against all the accused persons of this case wherein main accused Anil is still

absconding and if the applicant is granted bail there is ample possibility that the investigation will be adversely affected. Hence, prayed to reject the

bail application of the applicant.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering only the disability of the present applicant and without commenting on merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one

solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the

test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission

from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

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

The applicant shall not commit any offence otherwise this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned police station about his/her 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 for information;

Application stands allowed and disposed of.

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

Certified copy/ e-copy as per rules/direction.