Sheru Kushwah vs State Of M.P

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 15/3/2021 in connection with Crime No.153/2020 registered at Police Station Pichhore, District Gwalior for

offence under Sections 392 and 34 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by learned counsel for applicant Sheru Kushwah that the applicant has been falsely implicated. He has not committed any offence. He

is in jail since last three months. Investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. It is further submitted

that co-accused Raja Khan has already been granted bail by this Court by order dated 07/6/2021 passed in MCRC No.24693/2021 and the case of the

present applicant is also on the same footings. Further, the applicant is ready and willing to deposit a sum of Rs.2,000/- for the welfare of children

housed in Mercy Home. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that there is a criminal history of four more cases against the present

applicant. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that co-accused Raja Khan has already been granted bail, without commenting on merits of the case, the application is allowed

and it is hereby directed that the applicant shall be released on bail his furnishing personal bond of Rs. 1,00,000/-(Rupees One Lakh only) with one

solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

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 the test is

found positive then the applicant shall be immediately sent to concerning hospital for her/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-

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/her in

custody and would send him/her to the same jail from where he/she was released.

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

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 of which he is accused;

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

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

7 . 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;

The applicant will be released on bail after conducting the TIP. The prosecution is hereby directed to complete the TIP within ten days of this order,

if not already done; and

As submitted by the learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.2,000/- (Rs. Two Thousand Only) before

the Concerned Director, Mercy Home and the receipt of the same be filed before this Court within seven working days of this order.

Concerned Director, Mercy Home is hereby directed to use the aforesaid amount for the welfare of children housed in Mercy Home and shall file

report of the same in writing before the Principal Registrar of this Court.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

A copy of this order be also sent to the Director of the concerned Mercy Home for information and necessary compliance.

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