Keru S/O Ramsingh Bhil vs State Of M.P

This is a repeat (Third) application under Section 439 Cr.P.C. by the applicant - Keru S/o Ramsingh Bhil, who has been arrested by Police on 06.10.2019 in Crime No.354/2019, Police Station Bag, District Dhar concerning offence under Section 457 and 380 of IPC. First application (M.Cr.C. No.53187/2019) was dismissed as withdrawn vide order dated 07.01.2020. Second application (M.Cr.C. No.23245/2020) was dismissed as withdrawn vide order dated 30.07.2020. The third repeat bail application is filed because the applicant has completed one year in the jail and there is no progress in the trial. Earlier two bail applications were dismissed as withdrawn keeping in view the past criminal antecedents of the applicant.

Heard the learned counsel for the parties through video conferencing and perused the case diary.

Learned counsel for the applicant submits that all the theft articles have been recovered from the possession of the applicant and no further custody is required. He is already facing the trial. If he is convicted, he may undergo in the remaining part of the sentence. So far as past cases are concerned, he has been enlarged on bail and all are petty offences and, therefore, he may be released on bail with the strict conditions.

On the other hand, the learned Panel Lawyer opposes the prayer for grant of bail.

Keeping in view the facts in totality, without further commenting on the merits of the case, application is allowed with a strict condition that he will maintain good conduct and in case he is found involved in any other case in future then this bail order shall be treated as cancelled and he will remain in jail till conclusion of the trial. It is directed that on furnishing a personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only), with one solvent surety in the like amount to the satisfaction of concerned trial Court, he shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437 (3) of the Cr.P.C.

By way of abundant caution, it is further directed that he shall also mark his presence in the concerned Police Station on the First Monday of every month between 10.00 a.m. to 12.00 noon during the pendency of the trial. Two consecutive default in attendance in Court and marking presence in the concerned Police Station would result in cancellation of bail granted by this Court thereby entitling the Police to take the applicant in custody immediately.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c. as per rules.