Vicky vs State Of M.P

Rohit Arya, J

This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 13.10.2020

in connection with Crime Case No.576/2020 registered at Police Station, Kishanganj, District Indore for the offence punishable under Section 382 of

IPC andunder Section 25, 27 of Arms Act.

As per prosecution story, the applicant and other co-accused persons armed with deadly weapons had forcibly entered in the field of the complainant

and thereafter on gun point had looted huge quantity of Soyabean stored in sacks with threat of dire consequences. Accordingly, the case has been

registered.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete

and challan has been filed. The applicant is in jail incarceration since 13.10.2020. He is not required for further custodial interrogation. The applicant

has not caused injuries either to the complainant or others. The sole allegation is that of taking away some quantity of Soyabean from the field. The

applicant is a young boy aged 24 years and if he is in jail, his life will be jeopardized and keeping him in the company of hardened criminals is not in the

interest of his future life. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances,

the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent/State opposes the application and supports the order impugned with submission that applicant has

criminal antecedents under the Arms Act as indicated in the impugned order. However, there is no allegation of physical assault or injury to the

complainant. Hence, looking to the gravity of allegations applicant does not deserve to be released on bail.

At this stage, Shri Singh, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the grave critical social

economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a

sum of Rs.1,00,000/- (Rs.One lac only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911020007267684 Axis Bank

IFSC code UTIB0000503) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age

people living in old age homes or orphans living in orphanage in the city of Indore in dire need of such amenities/facilities and such old age homes and

also to such persons who have lost their means of livelihood during the pandemic Covid-19.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant is in

custody since 13.10.2020, not required for custodial investigation and the possibility of delay in conclusion of trial cannot be ruled out, 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 subject to depositing an amount of Rs.1,00,000/- (Rs.One Lac only) in the trial Court payable to the complainant.

However, the amounts so deposited shall not prejudice his rights in pending trial in any manner whatsoever. The applicant be released on bail on his

furnishing personal bond in the sum of Rs.5,00,000/- (Rs.Five Lacs Only)w ith 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 prepare a demand draft of an amount of Rs.1,00,000/- (Rs.One lac only) in the office of Jila Bal Sanrakshan Samiti,

Indore (Account No.911020007267684 Axis Bank IFSC code UTIB0000503t)o be utilized for providing clothing, food and other essential

amenities required for the orphans living in orphanage in the District, physically challenged persons and also to such persons who have lost their means

of livelihood during the pandemic Covid-19 and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail and

obtain a receipt.

(ii)(a) the applicant shall submit the aforesaid original demand draft alongwith copy of the order passed today through his counsel

before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) The Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure

that the same is in relation to the present case.

(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the

demand draft to the concerned authority in that behalf.

(iii) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification through Collector, Indore.

The said department is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this

case. The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(v) 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.

(vi) 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;

(vii) violation of conditions, State is free to apply for cancellation of bail.

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.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-Certified copy as per rules.