Ajay Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1084 MP

            THE HIGH COURT OF MADHYA PRADESH
                       MCRC-15223-2021
              (AJAY JATAV Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 25/03/2021
      Heard through video conferencing.

      Shri Anshu Gupta, learned counsel for applicant.

      Smt. Padamshri Agarwal, learned Panel Lawyer, for

respondent/State.

Also heard learned counsel for the parties.

The applicant has filed this third application under Section

439 of the Cr.P.C. for grant of bail. Applicant has been arrested by

Police Station Kotwali, District Vidisha (M.P.) in connection with

Crime No.191/2020 registered in relation to the offence punishable

u/Ss.323, 294, 506 and 34 of IPC, further added Sec. 307 of IPC.

It is submitted by the counsel for the applicant that earlier bail

applications were dismissed as withdrawn as well as on merits vide

orders dated 24.08.2020 & 02.12.2020 passed in M.Cr.C.

Nos.27599/2020 and 44616/2020 respectively. He is in custody

since 11.06.2020. He relied upon the judgment of Hon'ble Supreme

Court in the case of Bhausaheb Nagu Dhavare Vs. State of

Maharashtra, 2001 (3) Crimes 410, wherein under similar

principles and looking to the custody period of eight months THE HIGH COURT OF MADHYA PRADESH MCRC-15223-2021 (AJAY JATAV Vs THE STATE OF MADHYA PRADESH)

Hon'ble Supreme Court has considered and granted bail under

Section 307 of IPC. In the present case, custody period of the

applicant is almost nine months. The applicant is ready to abide by

all the terms and conditions which may be imposed by this court

while considering the application for grant of bail. There is no

possibility of his absconding or tampering with the prosecution

case. Counsel for the applicant prays for grant of bail to the

applicant.

Per contra, Panel Lawyer for the State has opposed the bail

application stating that there is active participation of the present

applicant. On earlier occasion, application has already rejected on

merits but he could not dispute the factum of custody period of the

applicant coupled with the fact that the applicant is a first offender

having no criminal history as per the case diary.

Considering the overall facts and circumstances of the case

and looking to the custody period of the present applicant, this

Court deems it appropriate to allow this application, accordingly,

this Court deems it appropriate to allow this application,

accordingly, the the application is allowed subject to verification of

the fact that he is having no criminal antecedent. The applicant is THE HIGH COURT OF MADHYA PRADESH MCRC-15223-2021 (AJAY JATAV Vs THE STATE OF MADHYA PRADESH)

directed to be released on bail on 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 :-

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 in extending

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such facts to

the Court or to the Police Officer, as the case may be;

THE HIGH COURT OF MADHYA PRADESH MCRC-15223-2021 (AJAY JATAV Vs THE STATE OF MADHYA PRADESH)

4. The applicant shall not commit an offence similar to the

offence of which he is accused.

5. The applicant will not seek unnecessary adjournments during

the trial; and

6. The applicant will not leave India without previous

permission of the trial Court/Investigating Officer, as the case may

be.

7. The applicant will inform the concerned S.H.O. of concerned

Police Station about his 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 as well as Superintendent

of Police, concerned who 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 follow up 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 THE HIGH COURT OF MADHYA PRADESH MCRC-15223-2021 (AJAY JATAV Vs THE STATE OF MADHYA PRADESH)

movement to reach his place of residence.

E- copy of this order be sent to the trial Court concerned for

compliance.

(Vishal Mishra) JUDGE LJ*

LOKENDRA JAIN 2021.03.25 17:34:55 -07'00'