Vishal Jatav vs State Of Madhya Pradesh @RESPONDEN

Learned counsel for the rival parties are heard through video conferencing.

The petitioner has filed this 1st application u/S. 439 of Cr.P.C. for grant of bail.

The petitioner has been arrested on 11.02.2020 by Police Station Girwai District Gwalior (M.P.) in connection with Crime No.28/2020 registered in relation to the offence punishable u/S.379 of IPC.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Petitioner is in custody since 11.02.2020 for the offence of theft. Recovery of Rs.200/- and two gas cylinders is made from the petitioner. Petitioner has large number of offences registered against him constituting criminal antecedent, out of which seven judgments of acquittal have been filed. It is submitted that in several others petitioner has been acquitted but copy of judgments could not be obtained. Investigation in the matter is over by filing of charge-sheet and therefore, further custodial interrogation is not required.

In view of above and looking to the special circumstances of ongoing Covid-19 pandemic and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner.

Undoubtedly, the petitioner is young/middle aged/able bodied responsible citizen. In the present time where the entire humanity is struggling to survive against the Covid-19 pandemic the governmental machinery is experiencing extreme shortage of hands in the process of disaster management, the petitioner as citizen of nation is obliged to assist the govt. in times of this deep crises by discharging their fundamental duty enshrined under Article 51-A(d) which reads thus:-

"51A. Fundamental duties. - It shall be the duty of every citizen of India -

(a). XXX-XXX-XXX

(b). XXX-XXX-XXX

(c). XXX-XXX-XXX

(d). to defend the country and render national service when called upon to do so;"

Accordingly, this Court deems it appropriate to pass suitable order prescribing it to be a part of one of the conditions subject to which petitioner has been granted bail so that the human resource in shape of the petitioner can be utilized for the betterment of the society and to ward off the crises.

Consequently, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail 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 concerned Magistrate.

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

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

The petitioner will cooperate in the trial ;

The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trials;

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

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.

The petitioner through his counsel undertakes that petitioner shall register himself with the District Magistrate concerned as "Covid-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER to be maintained in the o/o the concerned DM who in turn shall assign work to petitioner of Covid-19 disaster management at the discretion of District Magistrate, by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the the wisdom of District Magistrate, concerned. This Court expects that the petitioner shall rise to the occasion to serve the society in this time of crises to discharge his fundamental duty of rendering national service when called upon to do so, as per Article 51-A(d) of the Constitution.

The petitioner shall render physical and financial assistance to Govt. Primary School situated near to his home for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school.

A copy of this order be supply to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether appellant has complied with condition No.9 or not and submit report within 30 days.

Registry is directed to communicate about the passing of this order to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case the condition No.8 is not complied with and on receipt of any such intimation and in case report regarding condition No.9 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned for compliance.

C.c as per rules.