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Judgment
Rohit Arya, J
This is the second bail application under Section 439 Cr.P.C. First application of the applicant was dismissed as withdrawn with liberty to revive the
prayer after eight weeks on 15/06/2021 vide M.Cr.C.No.23941/2021. Now the eight weeks' period is over. The applicant is in custody since
15/01/2021 in connection with Crime No.446/2020 registered at Police Station â€" Nahargarh, District Mandsaur for the offence punishable under
Section 394 and 397 of the Indian Penal Code, 1860.
As per prosecution story, applicant along with other co-accused persons committed robbery of Rs.640/- along with a Mobile Phone, a Purse having
two ATM Cards and Aadhar Card and have also assaulted the complainant by means of Laathi. Accordingly, case has been registered.
Investigation is complete and charge-sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. He is not required for custodial
investigation. He has no criminal antecedents. It is further submitted that applicant has already suffered jail incarceration since 15/01/2021 and due to
his jail incarceration, his family is in penury. Applicant is a young man aged about 18 years and in the company of hardened criminals his future will be
spoiled. Looking to the COVID-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on
such terms and conditions this Court deems fit and proper.
Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application.
Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant
has suffered jail incarceration since 15/01/2021 having no criminal antecedents, not required for further custodial interrogation and due to COVID-19
pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the
applicant be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also
comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as
well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation
of Novel Corona virus (COVID-19);
(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00
noon.
(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail
doctor and if it is prima-facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required
be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;
(iv) violation of conditions, State is free to apply for cancellation of bail;
(v) in future if applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this
bail order shall stand cancelled automatically.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner
whatsoever.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
E-certified copy as per rules.