Shubham @ Golu Nishad vs State Of Madhya Pradesh

Anjuli Palo, J

This is repeat application for grant of bail under section 439 Cr.P.C. on behalf of the applicant who has been arrested in connection with Crime

No.554/2019 registered at Police Station, NKJ, Katni for offences under sections 454 & 380 of IPC.

Earlier three applications being M.Cr.C.No.29072/202, 21735/2021 and 46486/2020 have been dismissed by this Court vide orders dated 09.6.2021,

29.4.2021 and 19.11.2020 respectively. This Court vide order dated 19.11.2020 had granted to liberty to file fresh application after six months. As per

prosecution case, on 08.11.2019 the complainant lodged a report that when his family members were not at home there has been theft of cash of

Rs.8,500/- and gold & silver ornaments from his Almirah and lock on the main door was found broken. Accordingly, the Police on investigation

arrested the applicant and registered aforesaid offences.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in

custody since 14.11.2019. Co-accused/Sachin Nishad has already been enlarged on bail by the trial Court itself. The trial would take considerable time

to conclude during Covid-19 pandemic. This Court had granted liberty to make prayer for bail after sometime. Therefore, prayer has been made to

enlarge the applicant on regular bail.

Learned Panel Lawyer has opposed the prayer for bail and submitted that applicant has criminal antecedents.

Considering the over all facts and circumstances of the case, the period of custody, co-accused/Sachin has already been enlarged by the trial Court

itself, liberty has been granted by this Court to make prayer for bail after sometime and trial would take time to conclude, without commenting on

merits of the case, the application is allowed.

It is directed that applicant-Shubham @ Golu Nishad shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such

dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

It is made clear that if the applicant involves himself in similar kind of offences in future, this order shall immediately become ineffective without

reference to the Court.

The jail authorities and the 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.

Accordingly, the application is allowed.