Ramprakash And Another vs State Of M.P

Vishal Mishra, J

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

Matabasaiya, District Morena in connection with Crime No.187/2020 registered in relation to the offence punishable under Sections 326, 324, 323, 294,

34 of IPC. First application was dismissed on merits vide order dated 8.2.2021 passed in M.Cr.C.No.2298/2021.

It is submitted by counsel for the applicants that they are in custody since 29.12.2020. It is further submitted by counsel for the applicant that the

material eye-witnesses have been turned hostile including the complainant. The applicants are ready to abide by all the terms and conditions as may be

imposed by this Court and looking to the present scenario of Covid-19 pandemic they pray for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that the applicants are having criminal history and prays for rejection of the

bail application.

Considering the overall facts and circumstances of the case and looking to the custody period of the present applicant and looking to the present

scenario of Covid-19 pandemic, this Court deems it appropriate to allow this application. The application is allowed.

The applicants are directed to be released on bail on their furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) each with one

solvent surety each 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 applicants 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 they 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 applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused.

The applicants will not seek unnecessary adjournments during the trial; and

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

The applicants will inform the concerned S.H.O. of concerned Police Station about their 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 applicants 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 applicants, medical examination of applicants shall be undertaken by

the jail doctor and on prima facie, if it is found that they are 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 their place of residence.

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