Madhya Pradesh High Court
MCRC/49451/2020 of LALLA @ DEVENDRA JAAT Vs THE STATE OF MADHYA PRADESH on 31 December 2020
OF MADHYA PRADESH M.Cr.C. No. 49451/2020 (Lalla @ Davendra Jaat vs. State of
Gwalior, Dated: 31/12/2020
Shri Rajnish Sharma, learned counsel for the applicant.
Shri Manish Nayak, learned Panel Lawyer for respondent/State.Matter is heard through Video Conferencing.
I.A. No. 23417/2020, an application for urgent hearing, is takenup, considered and allowed for the reasons mentioned therein.
This is first application under Section 439 of CrPC for grant ofbail.
The applicant has been arrested on 21/7/2020 in connectionwith Crime No.189/2020 registered at Police Station Indergarh,District Datia for offence under Sections 307, 336, 294, 147, 148, 149and 341 of the IPC.
It is submitted by learned counsel for the applicant – Lalla @Davendra Jaat that the applicant has been falsely implicated. He hasnot committed any offence. It is further submitted that co-accusedGyanu @ Gyan Singh Jat has already been granted bail by this Courtby order dated 12/10/2020 passed in MCRC No. 37594/2020 and thecase of the present applicant is also on the same footing. Hence,prayed for grant of bail to the applicant on the ground of parity. Hefurther undertakes to abide by all the terms and conditions ofguidance, circulars and directions issued by Central Government,
State Government as well as Local Administration regardingmeasures in respect of COVID-19 Pandemic and maintain hygiene inthe vicinity while keeping physical distancing.
Learned counsel for the State has opposed the prayer andprayed to reject the bail.
Heard learned counsel for the parties at length through VC andconsidered the arguments advanced by them and perused the availablerecord.
Looking to the fact that co-accused Gyanu @ Gyan Singh Jathas already been granted bail, without commenting on merits of thecase, the application is allowed and it is hereby directed that theapplicant shall be released on bail on his furnishing personal bond ofRs. 1,00,000/- (Rupees One Lakh only) with one solvent surety ofthe like amount to the satisfaction of the Court concerned for hisregular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities aredirected that before releasing the applicant, his/herCorona Virus testshall be conducted and if it is found negative, then the concernedlocal administration shall make necessary arrangements for sendingthe applicant to his/her house, and if the test is found positive then theapplicant shall be immediately sent to concerning hospital for her/his
treatment as per medical norms. If the applicant is fit for release andif he/she is in a position to make his/her personal arrangements, thenhe/she shall be released only after taking due travel permission fromlocal administration. After release, the applicant is further directed tostrictly follow all the instructions which may be issued by the CentralGovt./State Govt. or Local Administration for combating theCovid19. If it is found that the applicant has violated any of theinstructions (whether general or specific) issued by the CentralGovt./State Govt. or Local Administration, then this order shallautomatically lose its effect, and the Local Administration/PoliceAuthorities shall immediately take him/her in custody and would sendhim/her to the same jail from where he/she was released.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :-
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1. The applicant will comply with all the terms andconditions of the bond executed by him/her;
2. The applicant will cooperate in theinvestigation/trial, as the case may be;
Facts
3. The applicant will not indulge herself/himself inextending inducement, threat or promise to any personacquainted with the facts of the case so as to dissuade themfrom disclosing such facts to the Court or to the PoliceOfficer, as the case may be;
4. The applicant shall not commit an offence similar to 04 HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 49451/2020
the offence of which he/she is accused;
5. The applicant will not move in the vicinity ofcomplainant party and applicant will not seek unnecessaryadjournments during the trial;
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as thecase may be; and
7. The applicant will inform the SHO of concernedpolice station about his/her residential address in the saidarea and it would be the duty of the Public Prosecutor tosend E-copy of this order to SHO of concerned policestation for information; Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned forcompliance.
Certified copy/ e-copy as per rules/directions.
AKS
(Rajeev Kumar Shrivastava)
Judge
ALOK KUMAR 2020.12.31 16:46:05 -08'00' 11.0.8