Roop Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A.No.22804/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

This is the second bail application under section 439 of CrPC filed by the applicant for grant of bail.

The applicant has been arrested on 10/10/2020 in connection with Crime No.249/2020 registered at Police Station Sirsouda, District Shivpuri for

offence under Sections 302, 323, 324, 294, 506, 147, 148, 149 and 451 of I.P.C.

It is submitted by learned counsel for applicant- Roop Singh that earlier bail application was dismissed as withdrawn at the very outset vide order

dated 08/02/2021 passed in M.Cr.C.No.6888/2021. Applicant has not committed any offence. He has falsely been implicated in the case. He is in

custody since 10/10/2020. It is further submitted that the important prosecution witnesses have been examined before the trial Court wherein son and

wife of the deceased have also been examined and they have not supported the prosecution case rather turned hostile. It is also submitted that the

matter has been settled by the family members within the family. Trial will take its own time. The present applicant is not the main accused of this

case. Hence, prayed for grant of bail to the applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and

directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic

and maintain hygiene in the vicinity while keeping physical distancing.

Per contra, learned State counsel opposed the bail application and has submitted that out of seven eye witnesses only three prosecution witnesses

have been examined. It is further submitted that the case is registered under Sections 302, 323, 324, 294, 506, 147, 148, 149 and 451 of I.P.C.

Considering the gravity and nature of offence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the applicant and considering the statements recorded before the trial Court, without

commenting on the merits of this 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.1,00,000/- (Rupees One Lakh only) with one solvent surety to the satisfaction of the Court concerned for his regular appearance

before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his 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 house, and if his test is

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

release and if he is in a position to make his personal arrangements, then he 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 Covid-19. 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 in custody and would send him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the applicant/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

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

The applicant/s will not indulge himself/herself/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 applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order

shall stand cancelled automatically;

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

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

The applicant/s will inform the SHO of concerned Police Station about his/her/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 for information.

Application stands allowed and disposed of.

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

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