RAJEEV KUMAR SHRIVASTAVA,J - (1.)The applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 03/04/2021 by Police Station Bagchini, Distt. Morena (M.P.) in connection with Crime No.54/2021 registered for offence under Ss. 304, 323, 336, 34 of IPC.
I t is submitted by learned counsel for the applicant- Jaswant Kushwah that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 03/04/2021, i.e. for more than six months. It is further submitted that this is second application for grant of bail on behalf of the applicant. Earlier application was dismissed as withdrawn on 02/07/2021 with liberty to revisit this Court after recording of evidence of important prosecution witnesses. Now, five prosecution witnesses have been examined and they have not supported the prosecution case. It is further submitted that considering the aforesaid fact of the case, co-accused Umesh Kushwah has been granted bail by this Court vide order dtd. 28/09/2021 passed in M.Cr.C. No.47144/2021. The case of present applicant is on same footing. Trial will take its own time. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the application and prayed to reject this repeat second application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the custody period of the applicant i.e. around 6 months as well as the facts that five prosecution witnesses have not supported the prosecution case and have turned hostile and also the fact that co-accused Umesh Kushwah has been granted bail by this Court, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000.00 (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his 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 house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he 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 Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

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;

7 . The applicant will inform the SHO 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 for information.

Application stands disposed of in above terms.

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

Certified copy/ e-copy as per rules/directions.