Vijay Singh vs State Of M.P

Vishal Mishra, J

The applicant has filed this fourth application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Ambah, District

Morena in connection with Crime No.776/2020 registered in relation to the offence punishable under Sections 147, 148, 149, 336, 294 of IPC and Ijafa

Section 307 of IPC. First application was dismissed as withdrawn vide order dated 12.03.2021 passed in M.Cr.C. No.13368/2021 with liberty to repeat

the same after surrender of all the accused persons and second application was rejected on merits vide order dated 26.03.2021 passed in M.Cr.C.

No.15145/2021 and third application was dismissed as withdrawn vide order dated 8.5.2021 passed in M.Cr.C. No.22981/2021.

It is submitted that the investigation is over in the matter and charge sheet has been filed. Although, the application was rejected on merits on earlier

occasion but looking to the custody period of the applicant and the nature of injury caused as the medical report clearly demonstrates the fact that the

injury was simple in nature he has filed subsequent application for grant of bail. It is submitted that looking to the present scenario of COVID 19

pandemic coupled with the fact that the applicant is the first offender, bail be extended to him. He is ready to abide by all the terms and conditions that

may be imposed by this Court while considering his application for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that the application has already been rejected on merits on earlier occasion.

But he fairly submits that charge sheet has been filed in the matter and the applicant is the first offender as per the case diary and the injury was

found to be simple in nature as per the medical report.

Heard the learned counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case and looking to the custody period of the applicant as he is in custody since 5.11.2020

coupled with the directives issued by the Hon'ble Supreme Court on 7.5.2021 in Suo Moto Writ Petition (C) No.1/2020 and by the Division Bench of

this Court on 17.05.2021 in SUO MOTU W.P .(C) No.9320/2021 regarding decongestion of prisoners, this Court deems it appropriate to allow this

application. Accordingly, the application is allowed. The applicant is directed to be released on bail, subject to verification of the fact that he is the first

offender, and on furnishing a personal bond in the sum of Rs.50,000/-(Rs.Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and 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 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 State counsel 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 disposed of.

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 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.