Madhya Pradesh High Court
Satish Gurjar vs The State Of Madhya Pradesh on 1 March, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-8597-2021
The High Court Of Madhya Pradesh
MCRC-8597-2021
(SATISH GURJAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 01-03-2021
Shri O.P. Mathur, learned counsel for the applicant.
Shri Nitin Goyal, learned Panel Lawyer for the respondent-State.
This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 07/1/2021 in connection with Crime No. 03/2021 registered at Police Station Rannod, District Shivpuri for offence under Sections 399, 400 and 402 of the IPC, Section 25/27 of Arms Act and Sections 11, 13 of MPDVPK Act.
It is submitted by learned counsel for the applicant - Satish Gurjar that the applicant has been falsely implicated. He has not committed any offence. He is a student aged around 19 years and is in custody since last almost two months. There is no criminal antecedents against the present applicant. It is further submitted that investigation is complete and charge- sheet has been filed. Trial will take its own time. Hence, prayed for grant of bail to the applicant.
Learned counsel for the State opposed the prayer and has submitted that one iron road has been seized from the possession of the present applicant. Hence, prayed to reject the bail application of the applicant.
Heard learned counsel for the rival parties and perused the materials available on record.
Only considering the young age of the present applicant i.e. 19 years along with the fact that there is no criminal antecedents against him, without commenting on 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 of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that 2 MCRC-8597-2021 before releasing the applicant, his/her 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/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she 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/her in custody and would send him/her to the same jail from where he/she was released.
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/her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself/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;
4. The applicant shall not commit an offence of which he is accused;
3 MCRC-8597-2021
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
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 SHO of concerned police station about his/her 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; and
8. The applicant shall appear before the SHO of the concerning police station on 1st of every month till conclusion of the trial.
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/direction.
(RAJEEV KUMAR SHRIVASTAVA)
ALOK KUMAR
2021.03.01 JUDGE
15:52:35 -08'00'
11.0.8
AKS