Vijay Kumar Yadav vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 10.12.2019 in connection with Crime No.375/2019 registered at Police Station-Adhartal, District - Jabalpur (M.P.) for the offences punishable under Sections 420, 467, 468, 471, 120-B, 201, 34 of IPC.

Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated. The applicant is under custody since 10.12.2019. It is further submitted that the applicant along with other co-accused persons have deposited the entire amount jointly. The trial will take time to conclude. The applicant is permanent resident of the District and there is no likelihood of absconding or tampering with the prosecution evidence by the applicant. On these changed circumstances, prayer is made to enlarge the applicant on regular bail.

Learned counsel for the State has opposed the bail application.

Heard learned counsel for both the parties and perused the entire material available in the PDF File. From a perusal of the documents, it is seen that the applicant and other co-accused persons have jointly deposited the entire loan amount, and nothing is due against the applicant. Thereafter, the bank concerned has also issued NOC in this respect vide Annexure AD-1 in M.Cr.C.No.33985/2020.

Keeping in view the entire facts and circumstances of the case and taking note of the substantial change in circumstances and the present Covid- 19 Pendemic situation, without commenting anything on the merits of the Date: 2020.11.11 16:53:17 IST matter, this Court is of the view that the applicant may b e enlarged on bail, hence, the application is allowed. The applicant - Vijay Kumar Yadav is directed to be released on bail upon his furnishing personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicant shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about their address and residence in case the applicant moves out from his permanent address for any point of time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

Certified Copy on payment of usual charges.