Vijay @ Monu Chauhan vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this third application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station

Ghatigaon, District Gwalior in connection with Crime No.157/2020 registered in relation to the offence punishable under Sections 307, 294, 323, 506

and 34 of IPC and further added Sec. 201 of IPC.

It is alleged that earlier bail applications were dismissed as withdrawn as well as on merits vide order dated 19.02.2021 in M.Cr.C. No.8075/2021 and

07.04.2021 in M.Cr.C. No. 18259/2021 respectively. It is submitted that a cross case has been registered for the same offences under Section 307 of

IPC against the complainant party, wherein, accused persons have already been enlarged the benefit of anticipatory bail by the Coordinate Bench of

this Court in M.Cr.C. No. 2303/2021 (Lalu @ Ranveer Batham Vs. State of M.P.) vide order dated 01.02.2021 and M.Cr.C. No. 4415/2021 (Manoj

Batham Vs. State of M.P.) vide order dated 01.02.2021. It is submitted that the allegations are similar in nature, therefore, similar treatment be given.

He submits that as the application of the applicant has already been rejected on merits, but looking to the present scenario of COVID-19, he submits

that the application be treated for grant of temporary bail as the allegation are similar in nature.

Counsel for the State has vehemently opposed the bail application stating that earlier second bail application has recently been rejected on merits and

there is specific allegation of firing gunshot against the present applicant, but he could not dispute the fact that in cross case, accused persons have

already been granted bail by the Coordinate Bench of this Court. He fairly submits that as per case diary, he is having no criminal history.

Considering the alarming situation of Novel Corona Virus (COVID-19) and the facts that after dismissal of earlier applications coupled with the fact

that accused persons of the cross case have been enlarged the benefit of bail by the Coordinate Bench of this Court, this Court deems it appropriate to

allow this application for grant of interim bail.

Accordingly, this application is allowed. The applicant is directed to be released for a period of 90 days (from the date of his release) on furnishing a

surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties 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. The applicant shall surrender before trial Court, concerned on

completion of 90 days from the date of release and information to this effect shall be sent by the court concerned to Registry of this court.

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 investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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 an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

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.

In 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 applicants 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 sent to the trial Court concerned for compliance.