Virendra Singh Rana vs State Of M.P

Rajeev Kumar Shrivastava, J

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 09/04/2021 by Police Station Kotwali,

Distt. Vidisha (M.P.) in connection with Crime No.209/2021 registered for offence under Sections 379 and 414 of IPC.

It is submitted by learned counsel for the applicantâ€" Virendra Singh Rana that the applicant has not committed any offence. He has falsely been

implicated in this case. Applicant is in custody since 09/04/2021. He is driver of the vehicle alleged to be involved in the commission of offence. It is

further submitted that the allegation levelled against the present applicant is of transporting sand beyond the limits of transit pass/ authority letter. Now

investigation is complete and charge-sheet has been filed. Trial will take its own time. Applicant is ready to abide by all the conditions which may be

imposed by this Court. Learned counsel for the applicant has also submitted that the applicant is ready and willing to deposit a sum of Rs.2,000/- for

the welfare of the children housed in Mercy Home.

Hence, learned counsel prays for grant of bail to the present applicant. He further undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-

19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that the case is of sand theft which affects the ecosystem and

society at large. Hence, prayed to reject the present application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the case, and the fact that trial will take its own time, without commenting upon the merits of the case, the

application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One

Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court

concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released. After release, the applicant is 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 applicant has 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 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 them 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 move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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 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.

As submitted by learned counsel for the applicant, applicant is directed to deposit a sum of Rs.2,000/- (Rs. Two Thousand Only) before the

concerning Director, Mercy Home and the receipt of the same be filed before this Court within seven working days of this order.

Director, Mercy Home is hereby directed to use the aforesaid amount for the welfare of children housed in Mercy Home and shall file report of the

same in writing before the Principal Registrar of this Court.

Application stands disposed of in above terms.

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

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