Kalli @ Kalla vs State Of Mp on 23 June, 2021

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Madhya Pradesh High Court

Kalli @ Kalla vs State Of Mp on 23 June, 2021

The applicant has filed this second application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Aarakshi Kendra, Sadora, District Ashoknagar, in connection with Crime No.88/2021 registered in relation to the offence punishable under Sections 392 of IPC and Sec.25 and 27 of Arms Act.

It is submitted that earlier bail application was dismissed as withdrawn vide order dated 27.05.2021 in M.Cr.C. No. 25268/2021 with liberty to repeat the same after filing of charge sheet. Now, investigation is over and charge sheet has been filed in the matter on 09.06.2021, therefore, there is no requirement of further custodial interrogation of the present applicant. It is alleged by the counsel for the applicant that as per prosecution case, the allegation is of committing robbery against the present applicant along with co- accused. There is recovery of mobile phone, a country made pistol and Rs. 5000/- from the present applicant. It is submitted that he has been taken into custody since 19.04.2021 and after 50 days, the TIP has been 2 HIGH COURT OF MADHYA PRADESH MCRC-29769-2021 (KALLI @ KALLU Vs THE STATE OF MADHYA PRADESH) conducted by the prosecution in which he has been identified. He is having no criminal antecedents. He is ready to abide by all the terms and conditions as may be imposed by this Court and prays for grant of bail. There is no possibility of his absconding or tampering with the prosecution case.

Per contra, learned P.P. for the State opposed the application stating that there is active participation of the present applicant in commission of the offence. But he fairly submits that charge sheet has been filed in the matter and as per case diary, he is having no criminal history.

Taking into consideration and over all facts and circumstances of the case and considering the present scenario of second phase of COVID-19 coupled with the fact that charge sheet has been filed in the matter, this Court deems it appropriate to allow this application subject to verification of the fact that he is having no criminal history. The applicant is directed to 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 like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and she shall abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local 3 HIGH COURT OF MADHYA PRADESH MCRC-29769-2021 (KALLI @ KALLU Vs THE STATE OF MADHYA PRADESH) Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and she will have to install Arogya Setu App, if not already installed.

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

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. 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 him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused.

5. The applicant will not seek unnecessary adjournments during the trial; and

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

7. The applicant will inform the concerned S.H.O. of concerned Police Station about her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order 4 HIGH COURT OF MADHYA PRADESH MCRC-29769-2021 (KALLI @ KALLU Vs THE STATE OF MADHYA PRADESH) to SHO of concerned police station as well as Superintendent of Police, concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that she is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicants shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

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


                                                         (Vishal Mishra)
LJ*/-                                                        Judge
          LOKENDRA
          JAIN
          2021.06.23
          17:53:05 -07'00'

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Madhya Pradesh High Court