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Madhya Pradesh High Court · body

2020 DIGILAW 846 (MP)

Manoj Kori v. State Of Madhya Pradesh

2020-09-02

RAJEEV KUMAR SHRIVASTAVA

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JUDGMENT Rajeev Kumar Shrivastava, J. - I.A.No.11413/2020, an application for urgen hearing is taken up considered and allowed for the reasons mentioned therein. 2. This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. 3. Applicant has been arrested on 20.12. 2019 in connection with Crime No. 93/2019 registered at Police Station Jigna, District Datia for offence 307, 323, 294,34 of IPC. 4. It is submitted by learned counsel for the applicant-Manoj Kori that this is second application under section 439 of Cr.P.C. by the applicant. The earlier application was rejected on 25.2.2020 on merits. Wherein liberty was granted to file afresh after recording of evidence of some important prosecution witnesses. Now, due to Covid-19 regular functioning of Court are withheld and there is no possibility of recording of evidence in near future. The applicant is in custody since 20.12.2019, i.e. around eight months and 15 days. There is no progress of trial in the trial Court. As recording of evidence is still not started, therefore, prayed for grant of bail. 5. Learned counsel for the State vehemently opposed the application and submitted that earlier bail application was rejected on merits on 25.2.2020. Thereafter, there is no changed circumstances. It is further submitted that liberty was granted to file fresh application after recording of evidence of some important prosecution witness, hence prayed for rejection of the application. 6. Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record. 7. In view of the fact that the applicant is in custody since last eight months and fifteen days and looking to the COVID-19 situation, there is no possibility of the trial coming to an end in near future, without commenting upon the merits of the case, interim bail for a period of 45 days is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of 45 days from the date of his release on his furnishing personal bond of Rs.75,000/- (Rupees seventy five thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned. The applicant shall surrender before the trial Court immediately after completion of 45 days. The intimation regarding surrender of the applicant be furnished to this Court. The applicant shall surrender before the trial Court immediately after completion of 45 days. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled. 8. In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his/her house, and if his/her test is found positive then the applicant shall be immediately sent to concerning hospital for his/her treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Government/State Government or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Government/State Government or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released. 9. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself/herself/ 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; 4. The applicant shall not commit an offence similar to the offence of which he/she is accused; 5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7. The applicant shall not commit an offence similar to the offence of which he/she is accused; 5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7. The applicant will inform the SHO of concerned Police Station about his/her 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 for information. 10. Application stands allowed and disposed of. 11. E- copy o f this order be sent to the trial Court concerned for compliance. 12. Certified copy/ e-copy as per rules/directions.