AI Structured Summary
Not yet generated for this judgment
Judgment
Vishal Mishra, J
This is second bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail. Applicant has been arrested by Police Station Bahodapur, District Gwalior (M.P.) in connection with Crime No.90/2021 registered in relation to the offence punishable u/Ss. 406 of IPC further added Sections 420 and 467 of IPC.
It is submitted by the counsel for the applicant that earlier bail application was dismissed as withdrawn vide order dated 19.02.2021 passed in M.Cr.C. No. 9684/2021 with liberty to repeat the same after filing of charge sheet. Now charge sheet has been filed in the matter, therefore, there is no requirement of further custodial interrogation of the present applicant. It is further submitted that allegation against the present applicant is of purchasing a truck to the tune of Rs.4,68,000/- in which, Rs.3,00,000/- has been paid to the seller in cash and remaining amount was cleared by a cheque, but the same was bounced, therefore, the present offence has been registered against the present applicant. There is no criminal past of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail.
Per contra, learned Panel Lawyer for the State has opposed the bail application stating that there is active participation of the present applicant in the commission of crime, but he fairly submits that the applicant is having no criminal history as per the case diary.
Considering the overall facts and circumstances of the case and also the fact that applicant is in custody since 11.02.2021 coupled with the fact that charge sheet has been filed in the matter, this Court deems it appropriate to allow this application, accordingly, the application is allowed subject to verification of the fact that he is having no criminal antecedent. 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.