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Judgment
Vishal Mishra, J
This is first bail application under Section 439 Cr.P.C., filed by the applicant for grant of bail.
Applicant has been arrested by Police Station Thatipur, District – Gwalior (M.P.) in connection with Crime No.703/20 registered in relation
to the offence punishable under Section 49-A of Excise Act.
It is submitted by the counsel for the applicant that he has been falsely implicated in the case. He has not committed the offence in any manner.
Investigation is over in the matter and charge sheet has been filed. He is in custody since 17.3.2021. He is ready to abide by all the terms and
conditions as may be imposed by this Court and he has also shown his willingness to contribute an amount of Rs.10,000/- to help the needy during this
COVID 19 pandemic and looking to the present scenario of COVID-19 pandemic, he prays for grant of bail.
Per contra, Counsel for the State has opposed the bail application stating that he is repeatedly committing offences of similar nature and he has a long
criminal history of 10 criminal cases. Filing of the charge sheet is not disputed by the State.
Considering the order dated 7.5.2021 passed on Suo Motu W.P.No.1/20 by the Hon'ble Supreme Court and considering the overall facts and
circumstances of the case and the fact that the charge sheet has been filed and looking to present scenario of COVID-19, this Court deems it
appropriate to allow the bail application.
Accordingly, the application is allowed. The applicant Tapua @ Ravi is directed to be released on bail on his 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 cases 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 involve any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by
this Court shall automatically cancelled.
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.
As the applicant has gracefully volunteered to contribute Rs.10,000/-(Rupees Ten Thousand only) towards the help of needy during this COVID-
19 pandemic, he is directed to deposit the amount before the Principal Registrar of this Court within a period of seven working days and only on
production of the receipt regarding deposition the release warrant be prepared.
The applicant will inform the concerned S.H.O. of concerned Police 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 followup 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. It is made clear that E-copy of this order shall be treated as certified copy
for practical purposes in respect of this order.
CC as per rules.