Rohit Arya, J
This is first bail application under Section 439 Cr.P.C. The applicant is in custody since 23.8.2020 in connection with Crime No.327/2020 registered at
P.S., Khudel, District Indore for the offence punishable under Section 386, 392, 397, 120-B, 34 of IPC and under Section 25 of Arms Act.
As per prosecution story, the applicant winning the trust and faith of the complainant; namely Vaibhav Dubey, who had recently came from United
States of America, solicited him to buy a premium property at a given place and to show him the property, he had taken him on his Activa scooter.
Upon reaching the site, under the pretext of calling the concerned persons he called co-accused Manish and Arvind, who were allegedly armed with
pistols. They threatened the complainant with dire consequences if he had not given the cash and other valuables in his possession. The complainant
with no option in hand about what to do, given the cash and valuables. Accordingly, case has been registered.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. It is true that co-accused
Animesh is cousin brother of the complainant, but there was money dispute between them. Therefore, concocted story has been framed to implicate
the applicant. In any case investigation is complete and challan has been filed. He is not required for custodial investigation. He has no criminal
antecedents. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on
such terms and conditions this Court deems fit and proper.
Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application. However, learned counsel for the complainant
submits that since the accused persons have returned money and now he has no cause to pursue the complaint. Therefore, he has no objection if they
are released on bail.
Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that complainant
fairly does not oppose the prayer, no more required for further custodial interrogation having no criminal antecedents and due to Covid-19 pandemic,
possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the
applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rs.Two Lacs only) with one solvent surety in the like amount to
the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply
with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as
well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation
of Novel Corona virus (COVID-19);
(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00
am to 12.00 noon.
(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail
doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required
be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;
(iv) violation of conditions, State is free to apply for cancellation of bail.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
e-certified copy as per rules.
