High CourtsSingle Bench

Satendra Yadav vs State Of M.P

Madhya Pradesh High Court · Decided on 23 October 2020 · Citation: (2020) 10 MP CK 0249

HON’BLE JUDGES
Vishnu Pratap Singh Chauhan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 380, 457
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 31283 Of 2020
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Judgment

11 paragraphs · 330 words

Vishnu Pratap Singh Chauhan, J

Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 28.7.2020 in connection with Crime No.331/2020, registered at Police Station-Niwadi, District-Niwadi for offence under Sections 457, 380 of IPC.

Allegation against the applicant, in short, is that, the applicant committed theft of liquor from a liquor shop.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. It is further submitted that the applicant is in jail since 28.7.2020 and trial will take considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail on the ground of parity.

On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application.

Having heard the learned counsel for the parties and considering the fact that charge-sheet has been filed and the applicant is not required for any further investigation and also looking to the present situation of widespread of Novel Corona Virus (Covid-19), without commenting on the merits of the case, this Court is inclined to release the applicant on bail.

It is directed that applicant Satendra Yadav shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)         with     one solvent surety of the like amount to the during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.