Shripal vs State Of M.P

Rajeev Kumar Shrivastava, J

I.A. No.13282/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14/05/2020 by Police Station

Bahadurpur, Distt. Ashoknagar (M.P.) in connection with Crime No.94/2020 registered for offence under Sections 302, 201, 120-B, 34 of IPC.

It is submitted by learned counsel for the applicantâ€" Shripal that the applicant has not committed any offence. He has falsely been implicated in this

case. Applicant is in custody since 14/05/2020, i.e. for around a year. Earlier application was dismissed as withdrawn at the very outset on 09/10/2020

with liberty to revisit this Court after reasonable time. Now, most of the important prosecution witnesses have been examined before the trial Court

and they have not supported the prosecution case. It is further submitted that due to present situation of COVID-19 pandemic, remaining trial will take

its own time. Hence, learned counsel prays for grant of bail to the present 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.

Learned State counsel has vehemently opposed the application and has submitted that offence is registered against the applicant under Sections 302,

201, 120-B, 34 of IPC, which is heinous in nature. Hence, prayed to reject the present application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties as well as taking into consideration the fact that important prosecution

witnesses have been examined before the trial Court and they have not supported the prosecution case and as trial will take its own time, without

commenting upon the merits of the 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 in the like amount 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. 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 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 :-

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;

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

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

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 information.

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