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To a theft accused, who’s been jail since September 2020, Madhya Pradesh High Court granted conditional bail directing that the accused will prepare a demand draft for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for needy of the society.

Stressing that the so deposited amount shall not affect the trial, the Bench of Justice Rohit Arya ordered,

“the applicant shall prepare a demand draft for Rs.35,000/- of any nationalized bank in favour of Jila Bal Sanrakshan Samiti, District-Khargone for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage in the city in dire need of such amenities/facilities and to sufferers of Covid-19 pandemic.”

“As well as for providing facility of Bio gas plant (Gobar Gas) to poor villagers/agriculturists for enabling them to avail the LPG gas for domestic purpose,” the Court added.

The court granted such bail while hearing the second repeat bail petition.

According to the prosecution story, a theft was committed in the complainant's house by house trespass. Accordingly, case was registered. During investigation, multiple valuable jewellery pieces and coins were recovered from the bail applicant.

However, the investigation has been completed and a Challan has also been filed.

Petitioner’s averments

Stating that the applicant has been falsely implicated, the applicant’s counsel averred before the court that as the investigation is complete, he is no more required for custodial investigation. It was also contended that due to prevailing Covid-19 situation the trial seemed unlikely to conclude early in the near future. Hence, he prayed for the enlargement of the accused on bail.

On instructions, he also submitted that applicant had done introspection and looking to grave critical, social and economic condition of poor persons living in old age homes, vidhwa ashrams volunteers to deposit an amount to be utilized for their help.

However, he added that the aforesaid deposit amount may not influence the pending trial but is only, for enlarging the applicant on bail.

Appreciates the gesture, the Court granted bail to the applicant under conditions which included, furnishing of a personal bond of Rs. 2 lacs and a demand draft for Rs.35,000/- for the purpose of providing basic amenities, clothing, food/food items and other essential amenities of the needy, among other conditions.

For ensuring the proper utilization of the amount, the court directed the Collector, Khargone to maintain a separate account for the same to be spent by the concerned authorities at discretion.

Court also noted that observations made on facts touching merits of the case were only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.