Vipin Singh vs State Of M.P.

Heard.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime

No.163/2010, registered at Police Station Gorakhpur, Jabalpur for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

On perusal of the record, it seems when the applicant was facing trial in Criminal Case No.3425/2010, he was released on bail on 22.04.2010. On

21.02.2014 the applicant remained absent; therefore, arrest warrant was issued against him. On 02.06.2014 an application was filed for cancellation of

arrest warrant. The applicant after release on bail again remained absent; therefore, arrest warrant was issued on 28.05.2015. Thereafter, the

applicant was released on bail on 13.08.2015. On 11.05.2016 the applicant was again absent. On 21.12.2017 arrested warrant was issued against him.

On 28.02.2019 the judgment of conviction was delivered in Criminal Case No.3425/2010 against other co-accused person and the trial is pending

against the present applicant. Now, the applicant was taken into custody on 19.07.2020.

Learned counsel for the applicant submits that due to unavoidable circumstance, he could not appear on the said date. The applicant was informed that

the trial was closed by the trial Court and he has been acquitted. It is further submitted that the applicant has been in custody since 19.07.2020.

Therefore, it has been prayed that the applicant be released on bail.

Learned counsel for the respondent/State on the other hand has opposed the bail application.

Considering the submissions made by the learned counsel for the applicant, looking to the facts and circumstances of the case particularly the fact that

earlier the applicant was released on bail, without expressing any opinion on the merits of the case, I am of the view that if the applicant deposits a

sum of Rs.500/- from his previous bond before the trial Court, the applicant deserves to be released on bail.

Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only)

along with two solvent sureties of Rs.15,000/- each of the like amount to the satisfaction of the trial Court to appear before the Court on the dates

given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C. In view of the

outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court suo    moto in W.P.No.1/2020, it would be appropriate to issue the following

       directions to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

The applicant shall not be released, if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

This application stands allowed and disposed of.

C. C. as per rules.

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