Akhil Yadav vs State Of M.P

Vishal Mishra, J

The applicant has filed this first application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 16.03.2021 by Police Station fnukjk District Shivpuri (M.P.) in connection with Crime No.48/2021 registered in relation to the offence punishable u/Ss. 452, 324, 323, 341, 506, 34 of IPC and further added Section 307, 450, 147, 148, 149 of IPC.

It is alleged by the counsel for the applicant that the applicant has been falsely implicated in this case and he has not committed any offence in any manner. Although as per the prosecution story, there are specific allegations of firing of inflicting injury on the present applicant, however, it is argued that he is young boy of 21 years of age and is a student pursuing his study under the Jiwaji University and his exams of B.A. Third Year of 2021 are scheduled from 12th April, 2021 till 11.05.2021. In such circumstances, he prays for grant of interim bail. The applicant is ready to abide by all the terms and conditions that may be putforth by this court while considering the application for grant of temporary bail. The applicant has also shown his willingness to render his services during the Covid-19 pandemic. There is no possibility of his absconding or tampering with the prosecution case.

Per contra, learned Panel Lawyer appearing for the State has vehemently opposed the application stating that the applicant is a main offender and the main allegation against the present applicant is of inflicting injury. The investigation is pending in the matter. He has prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and also the fact that the applicant is having examinations from 12.04.2021 to 11.05.2021, this Court deems it appropriate to consider this application for grant of interim bail. Accordingly, the same is allowed.

The interim bail is extended for period of one month (30 days) so that the applicant may be enable to give the examination of the Third Year B.A.

The applicant is directed to be released from 12.04.2021 for one month (from the date of his release) on interim bail on furnishing his personal bonds in the sum of Rs.50,000,/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will 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 Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender immediately on 12.05.2021 before the concerned trial Court after completion of his examination and information to this effect shall be sent by the court concerned to Registry of this Court.

This order will remain operative for one month (30 days) 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 him 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 seek unnecessary adjournments during the trial; and

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 concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as the concerned Superintendent of Police who shall inform the concerned SHO regarding the same.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he resides. Applicant further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

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 he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Accordingly, the application stands disposed of.

Consequently, I.A.No.10876/2021, application for interim bail is also disposed of.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.