Sandeep Singh vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

Applicant has been arrested on 19/11/2020 by Police Station â€" Dimni, District Morena (M.P.) in connection with Crime No.32/2014 for the offences

punishable under Sections 302, 147, 148 and 149 of IPC.

The allegation against the applicant and other co-accused persons, in short, is that on 9.02.2014 at about 9.15 p.m. the complainant saw that these

persons are coming armed with weapons and they started firing, as a result deceased Sahdev died and thereafter they ran away towards the bushes.

On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. Prosecution had conducted a detailed enquiry and vide

report dt. 27.12.2014 it has come in the report that the applicant might have been implicated falsely in the offence since the fire arm which applicant

was holding and the bullet injury received by the deceased did not match. According to medical opinion, the possibility of suicide can not be ruled out.

The other co-accused persons have already been enlarged on bail by this Court. The applicant has not committed the alleged offence, He is innocent

and not involved directly or indirectly in commission of said offence. Even in view of averments of FIR, no alleged offence is made out against the

applicant. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without

any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be

detrimental. The applicant is in jail since 19/11/2020 and he is a permanent resident of District- Morena. There is no possibility of his absconding or

tampering with the evidence. The applicant is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid

submissions, prayer for grant of bail is made.

Learned State counsel 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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish

a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State

Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

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

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

He 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;

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

He will not seek unnecessary adjournments during the trial;

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

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

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

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