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Judgment
Vijay Kumar Shukla, J
This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.239/15 registered at Police Station- Suatala, District Narsinghpur (M.P.) for offence punishable under Section 286 of the IPC, Sections 5 and 6 of the Explosive Act, 1908, 9Kha, (1Kha), 9ga of Indian Explosive Act, 1884, Rule 20 of Ammonium Nitrate Rule, 2012 later on 420, 34 of the IPC added. The applicants are in custody since 17.08.2020.
Learned counsel for the applicant submits that the earlier bail application of the applicants M.Cr.C. No.32691/2020 was rejected on the ground that the applicants have absconded for a period of about five years. He further submits that the applicants are in jail since 17.08.2020 and out of the eight accused persons, six accused persons have already been granted bail by this Court.
The allegation against the present applicants is that they were security guard of the truck vehicle and they failed to discharge their duties as large quantity of Ammonium Nitrate was seized from accused Santosh Dubey and Rajesh Shukla, who have already been granted bail by this Court.
Considering the fact that applicants have already surrendered and are in jail since 17.8.2020, I am of the view that the applicants are entitled for grant of bail.
However, taking into consideration the objection of the counsel for the State that stringent conditions be incorporated in the bail order considering the conduct of the accused persons, it is directed that the applicants shall appear regularly during trial and they shall not remain absent without prior permission of the Court. In case, they fail to remain present on any of the date so fixed, the bail order shall cease to its effect and the trial Court shall be at liberty to take the applicants into custody forthwith. Accordingly, the application is allowed.
It is directed that the applicants Ravi Malviya and Lakhpati Malviya shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety of the like amount to the satisfaction of the Court below for their appearance before the trial Court on the date so fixed by the trial Court during the trial.
The prison authorities are also requested to ensure compliance of the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure, that the applicants are examined by the jail doctor before their release. If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.
With the above the application is finally disposed of.
It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants.
A typed copy of this order is being forwarded to the Office of the Advocate General and Shri Tarun Sengar, learned Panel Lawyer, on their email addresses for intimation to the Police Station concerned.
The office is requested to forward a copy of this order to the Court below.
Certified copy as per rules.