Ajay Kumar Ahuja And Others vs State Of Madhya Pradesh

This is first application filed by the applicant/accused-Ajay Kumar Ahuja under Section 439 of Cr.P.C for grant of bail in connection with Crime No.207/2020 registered at Police Station Omti, Jabalpur for the offence punishable under Sections 294, 307, 506, 34 of the IPC.

The allegation of prosecution is that on 13.7.2020 at about 13.00 hours, some altercation has taken place between the complainant Vijay Vaswani and applicant-Ajay and other co-accused persons for parking the auto rickshaw in front of complainant shop. It is alleged that during the course of dispute, applicant has inflicted injury on the face and hand of the complainant with the help of sharp object by which complainant sustained injury on his forehead and left palm. In the said altercation, applicant has also sustained injury. The report of the incident was lodged by both the parties. On that basis, above mentioned crime against the applicant and counter Crime No.208/2020 under Sections 294, 324, 506 r/w Section 34 of the IPC was registered against the complainant. Complainant Vijay Vaswani has remained in the Private Hospital from 13.7.2020 to 24.7.2020.

It is submitted by the counsel for the applicant that the applicant is innocent person. The applicant is in custody since 13.7.2020. The trial will take time to conclude. It is further submitted that there is no criminal antecedents of the applicant. There is no likelihood of his absconding or tampering with the prosecution witness. Therefore, it is prayed that the applicant be released on bail.

Learned counsel for the respondent/State as well as Objector has opposed the submissions made on behalf of the applicant has prayed for rejection of the bail application.

It appears that the incident has taken place on the simple dispute of parking auto rickshaw infront of the complainant shop. There is no criminal antecedents against both the parties. In the counter crime, complainant has already granted bail. The injury of the complainant in the crime in hand was opined to be of simple by the concerning doctor who has conducted his C.T. Scan investigation.

Looking to the fact and circumstances of the case, duration of custody and the exigencies of Covid-19, I am of the view that it is a fit case to release the applicant on bail. Accordingly, this application is allowed.

It is directed that the applicant-Ajay Kumar Ahuja be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Thirty thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.