Suraj vs State Of Madhya Pradesh

Vishal Mishra, J

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 20.4.2021 by Police Station Dehat district Shivpuri in connection with Crime No.160 of 2021 of registered for the

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

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any

manner. The prosecution has shown recovery of Rs.24,000/-, air pistol and a mobile phone from the present applicant, which is said to have been

looted in the matter. It is submitted that no TIP of the applicant has been conducted with respect to identification of looted articles said to have been

recovered from his possession. Investigation in the matter is over and the charge sheet has already been filed on 16.7.2021, therefore, there is no

further requirement of custodial interrogation of the applicant. He is ready to abide with all the conditions as may be imposed by this court. On these

grounds and looking to the Covid 19 Pandemic scenario, he prays for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application stating that there is recovery from the present applicant. But he fairly

submits that no TIP has been conducted with respect to the present applicant and no identification of the looted articles has been got done by the

police authorities and that the charge sheet has already been filed in the matter. He further submits that the applicant is having criminal history of one

similar type of offence registered in the year 2020.

Considering the over all facts and circumstances of the case, but without expressing any opinion on the merits of the case, this court deems it

appropriate to allow this application. The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand Only)

with one solvent surety in the like amount to the satisfaction of trial Court.

The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines

issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel

Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 her/him;

The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this

Court shall automatically cancelled.

The 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.

In case, the applicant is found involved in any other offence, except what has been stated above, the bail granted to him shall stand rejected without

further reference to the court;

The applicant will inform the concerned S.H.O. 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 as well as Superintendent of Police concerned who shall inform

the concerned SHO regarding the same.

Application stands allowed and stands disposed of.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they reside. Applicant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

I n view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.