Vishal @ ATM vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No.3064/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

The applicant has filed this first bail application u/S.439 of Cr.P.C for grant of bail.

Applicant has been arrested on 17/12/2020 by Police Station Dinara, District Shivpuri (MP) in connection with Crime No. 89/2020 registered for the

offence punishable under sections 393, 323 of I.P.C. and section 11/13 of M.P.D.V.P.K. Act.

It is submitted by learned counsel for the applicant- Vishal @ ATM that the applicant is in custody since 17/12/2020. He has falsely been implicated in

this case. He has not committed any offence. It is further submitted that earlier the applicant was arrested for the commission of offence under

Section 379 of I.P.C., therefore, Police was required to file charge-sheet in all the pending cases. Investigation is complete and charge-sheet has been

filed. Hence, prayed for grant of bail. 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.

Per contra, State Counsel has opposed the prayer and has submitted that the case is registered under Sections 393, 323 of I.P.C. and section 11/13 of

M.P.D.V.P.K. Act. and also one another case is registered against the present applicant. Hence, prayed for dismissal of the bail application.

Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the

available case-diary.

In view of the aforesaid and considering the facts and circumstances of the case, 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.75,000/- (Rupees Seventy Five

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

Court concerned on the dates fixed 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 only after taking due travel permission from local

administration. 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. In case of repetition of offence, this bail order shall

automatically stand cancelled.

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.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight till conclusion of the trial. The

concerned SHO is directed to submit attendance report of the applicant before the Magistrate concerned and a copy to Principal Registrar of this

Court once in every quarter of a year. The Magistrate concerned is hereby directed that if attendance report of the applicant has not been submitted

by the SHO concerned, then this fact be brought into the knowledge of Principal Registrar of this Court.

Application stands allowed and disposed of.

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

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