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2020 DIGILAW 1001 (MP)

Santosh v. State Of M. P.

2020-10-05

VISHAL MISHRA

body2020
JUDGMENT Vishal Mishra, J. - In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. 2. Heard the learned counsel for the parties. 3. The applicants have filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicants have been arrested on 04.09.2020 by Police Station Gijaurra Dabra, District Gwalior (M.P.) in connection with Crime No.73/2020 registered in relation to the offences punishable u/Ss. 379 and 414 of IPC and Section 21 (4) of the Mines and Minerals (Development and Regulation), Act, 1957. 4. It is submitted by the Senior counsel for the applicants that allegations against the applicants, in short, are that they committed theft of sand and were involved in its illegal transportation. On the basis of aforesaid, crime has been registered against the applicants. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. They are in custody since 4/9/2020. It is submitted that co-accused Bhoora and Another have already been enlarged on bail by the Coordinate Bench of this Court vide order dated 30.09.2020 passed in M.Cr.C.No.35718/2020. There are no criminal antecedents against the present applicants. There is no possibility of their absconding or tampering with the prosecution evidence. They are ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. They have shown their willingness to contribute an amount of Rs.5000/- each in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 pandemic scenario. With the aforesaid submissions, prayer for grant of bail is made. 6. Per contra, learned Panel Lawyer for the State has opposed the bail application. But she fairly submits that the applicants are having no criminal history as per the case diary. 7. With the aforesaid submissions, prayer for grant of bail is made. 6. Per contra, learned Panel Lawyer for the State has opposed the bail application. But she fairly submits that the applicants are having no criminal history as per the case diary. 7. Considering the overall facts and circumstances of the case and also the fact that the co-accused have already been enlarged on bail by the Coordinate Bench of this Court coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants. 8. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that each one of the applicants namely Santosh and Narendra Singh be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court. Each one of the applicants shall also furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. 9. This order will remain operative subject to compliance of the following conditions by the applicants :- 1. The applicants shall install Aarogya Setu App (if not already installed) in their mobile phones. 2. The applicants will comply with all the terms and conditions of the bond executed by them; 3. The applicants will cooperate in the investigation/trial, as the case may be; 4. The applicants will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be; 5. The applicants will not seek unnecessary adjournments during the trial; and 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The applicants will not seek unnecessary adjournments during the trial; and 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. If the applicants commit any offence while on bail, this order shall automatically stand cancelled without reference to the Court. 8. The applicants shall deposit Rs.5000/- each in the account of High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic, within seven days from today. 10. Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. 11. E-copy of this order be provided to the applicants and 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.