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Madhya Pradesh High Court · body

2020 DIGILAW 1033 (MP)

Ankit Singh Gond v. State Of Madhya Pradesh

2020-10-07

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. 2. The applicant is in jail since 12.8.2020 in connection with Crime No.256/2020, registered at Police Station-Katangi, District-Jabalpur for offence under Section 394 of IPC. 3. The case of the prosecution, in short, is that, the applicant along with other co-accused person, having their faces covered with clothes, stopped the motorcycle of the victim and thrown red chilli powder in the eyes of the victim and started assaulting him. At that time, the victim was having cash of Rs.1,50,000/- in his bag and one tablet of Samsung company. The applicant along with other co-accused person committed robbery of the bag in which cash was kept and also the tablet of Samsung company. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. During investigation, no test identification parade has been conducted by the prosecution either in respect of the applicant or robbed articles. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. It is further submitted that the applicant is in jail since 12.8.2020 and trial will take considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application. He submits that robbed articles were seized from the possession of the applicant, therefore, it is prayed that this application may be dismissed. 6. Having heard the rival contentions raised by the learned counsel for the parties and on a perusal of the case diary, it appears that neither the prosecution has conducted test identification parade of the applicant nor of the robbed articles during investigation. Considering the above facts and also looking to the present situation of widespread of Novel Corona Virus (Covid19), without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 7. Considering the above facts and also looking to the present situation of widespread of Novel Corona Virus (Covid19), without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 7. It is directed that applicant Ankit Singh Gond shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 9. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. Certified copy as per rules.