Vinod And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicants have been arrested on 01/6/2021 in connection with Crime No.137/2021 registered at Police Station Khaniyadhana, District Shivpuri for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by learned counsel for applicants Vinod, Rajpal, Surendra and Chainu @ Shivendra that the applicants have been falsely implicated. They have not committed any offence, rather on the same day of registration of present FIR, three more cases under same sections were registered against the present applicants. Allegation levelled against the present applicants is of causing loot of a motorcycle and mobile phone. It is further submitted that the applicants are in jail since last more than three months. Investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. It is also submitted that in case of grant of bail, in addition to the conditions imposed by this Court, applicants are ready and willing to deposit a sum of Rs.1,000/- with the High Court Legal Aid Services Authority for treatment of visually impaired children. Hence, prayed for grant of bail to the applicants.

Per contra, learned State counsel opposed the bail application and has submitted that on the same day of incident, the applicants have committed four different offences, therefore, four different cases have been registered against the applicants. Hence, prayed to reject the bail application.

Considering the custody period of the applicant as well as the fact that charge-sheet has been filed, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicants be released on bail on each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the trial Court/Committal Court for their regular appearance before the Court on the dates given by the concerned Court.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if their test is found positive then the concerned applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by him;

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

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

The applicants shall not commit an offence of which they are accused;

5 . The applicants will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicants will inform the SHO 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 for information.

The applicants shall mark their presence before the SHO of the concerned Police Station on 1st of Every Month during pendency of the trial. and

9 . As submitted by learned counsel for the applicants above, each of the applicants are directed to deposit a sum of Rs.1,000/- (Rupees One Thousand Only) with the Secretary, High Court Legal Aid Services Authority, Gwalior, which shall be utilized for treatment of visually impaired children.

Application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.