Satendra Singh vs State Of M.P.

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 4/2/2020 by Police Station Kotwali, District Morena, in connection with Crime No. 106/2020 for the offence punishable under Sections 392, 384, 323/34 of IPC and Sections 11/13 of MPDVPK Act.

It is the submission of learned counsel for the applicant that he is suffering confinement since 4/2/2020 on false pretext; whereas, charge-sheet has already been filed. Applicant is aged 18 years and complainant is also of same age group and apparently because of some personal disputes, false allegations have been levered against the applicant. Applicant does not bear any criminal record, therefore, he may be given a chance to reform himself and mend his ways to become a better citizen He undertakes that he will not commit same nature of offence in future. Confinement amounts to pretrial detention. In the challenging period of COVID-19, his case be considered sympathetically. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. On these premises, he prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the bail application.

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

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on the merits of the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety of the like amount to the satisfaction of trial Court.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms.

And if the applicant is fit for release, then he shall be released.

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 in custody and would sent 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 :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

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

The applicant will not indulge 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 an offence similar to the offence of which he is accused and would involve himself into education and creative pursuits ;

Applicant will not seek unnecessary adjournments during trial and applicant would not be a source of embarrassment or harassment to the complainant party in any manner;

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 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, if possible for the office of this Court.

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