Aman Alam vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station

Kotwali, District Guna in connection with Crime No.331/2021 registered in relation to the offence punishable under Sections 457 and 380 of IPC.

It is alleged that applicant is in custody since 16.04.2021, investigation is pending in the matter, where subject matter of theft of camera was recovered

from him. It is submitted that he is having no criminal antecedent. 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. Counsel for the applicant prays for grant

of bail to the applicant.

Learned P.P. for the State opposed the application stating that there is a recovery of Sony camera from the present applicant and investigation is

pending in the matter, but he fairly submits that as per case diary, he is having no criminal antecedent.

Taking into consideration overall facts and circumstances of the case and also the fact that he is having no criminal history, without commenting

anything upon the merits, this Court deems it appropriate to allow this application subject to verification of the fact that applicant is a first offender.

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 he

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 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.

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 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 Public Prosecutor to send E-copy of this order 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 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 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.