JUDGMENT

Vishal Mishra, J. - This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 16.03.2022 in M.Cr.C. No.13043/2022 with liberty to repeat the same after filing of the charge-sheet.

The applicant has been arrested on 21.02.2022 by Police Station Bichua, District Chhindwara (M.P.) in connection with Crime No.28/2022 for the offence punishable under Sections 420 , 468, 471 and 34 of the INDIAN PENAL CODE and Section 66 D of I.T. act.

It is pointed out that the applicant has falsely been implicated in this case, he has not committed any offence in any manner. It is submitted that the applicant has been made accused on the basis of memorandum of co-accused recorded under Section 27 of the EVIDENCE ACT . It is further submitted that the investigation is over and the charge-sheet has been filed in the matter on 01.04.2022. applicant is in custody since 21.02.2022. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that there are specific allegations against the present applicant. The applicant is having history of one criminal case registered against him at Police Station Kotwali, District Rewa. However, filing of charge-sheet is not disputed by the State counsel.

Considering the overall facts and circumstances of the case, and without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

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 applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach their place of residence.

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;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The 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 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.

Application stands allowed and disposed of. Certified copy as per rules.