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Judgment
11 paragraphs · 377 wordsVishnu Pratap Singh Chauhan, J
Heard on this first bail application filed under Section 439 of Cr.P.C. on behalf of the applicant.
The applicant is in jail since 26.04.2020 in connection with Crime No.121/2020 registered at Police Station Ratibad, District Bhopal for commission of offence punishable under Sections 307, 353, 333, 325, 188, 186 r/w 34 of IPC.
The case of prosecution, in short, is that, the applicant along with other co-accused was going on a Activa Scooter, having some liquor. When police stopped them, the driver of the Activa dashed the police personnel, due to which the police personnel received fracture in his Tibia and Fibula bone.
Learned counsel for the applicant submits that, the applicant has falsely been implicated in this case. Police unnecessarily implicated the applicant. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Trial will take considerable time for its disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.
On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that applicant was very well involved in the incident.
Having heard learned counsel for the parties, perused the case diary. Applicant is in jail since 26.04.2020. After investigation, charges sheet has been filed and the applicant is not required for further investigation and trial will take considerable time. Considering the present situation of COVID-19 pandemic, this Court is inclined to allow this application. Hence the application is allowed.
It is directed that the applicant-Ajay Bairagi shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.