IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA ON THE 1^st OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41544 of 2022 Between:-

VIPUL S/O PUNAM GARANGE, AGED ABOUT 45 YEARS, OCCUPATION: LABOUR FREE COLONY, CHARANAGAR, KUBERNAGAR, SARDARNAGAR, AHEMDABAD (GUJARAT)

.....APPLICANT (SHRI VIKAS YADAV, LEARNED COUNSEL FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE SATATION JUNI INDORE, DISTRICT INDORE (MADHYA PRADESH)

.....RESPONDENT (SHRI VISHAL SANOTHIYA, LEARNED G.A. FOR THE STATE)

This application coming on for orders this day, the court passed the following:

ORDER

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 363/2021 registered at Police Station - Juni Indore, Indore (M.P.) under Sections 379, 392, 394, 473, 482, 397 of IPC and Section 25 of Arms Act.

Counsel for the applicant submits that identically placed co-accused Paresh and Nitin have been granted bail by this Court in MCRC No.39336/2022 by order dated 23.08.2022. The statement of the complainant and the seizure Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI witnesses have been recorded. They have not supported the prosecution case.

They have turned hostile. The applicant has not been identified by the complainant in the Court. There is seizure of some cash amount and mobile belonging to the applicant himself.

Counsel for the State opposes the prayer for grant of bail, however, could not dispute that the case of the present applicant is identically situated to the case of co-accused persons.

Considering the aforesaid submissions and taking into consideration that the applicant is in jail since 08.09.2021, the investigation has been completed, the charge-sheet has been filed and no further custodial interrogation is required, further the complainant and seizure witnesses have turned hostile, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN D D A at L e A : I 2022.09.02 It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.

Court below.

(VIJAY KUMAR SHUKLA)

JUDGE soumya Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN