Ankit Singh Tomar & Sonu Singh vs State Of M.P

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicants have filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicants have been arrested on 01/12/2020 by Police Station Ambah District Morena (M.P.), in connection with Crime No.296/2020 registered

in relation to the offence punishable under sections 323, 294, 324, 506-B and added Section 326 of the IPC.

Allegation against the applicants and co-accused in short is that on 07/06/2020 at about 6.00 pm some altercation took place due to which they started

abusing the complainant filthy and when stopped, applicant Sonu inflicted the injuries by axe which hit on the right ear and applicant Ankit beaten with

axe which hit on the right hand whereas co-accused Vijay Singh had beaten with the Lathi due to which they received injuries. On the aforesaid basis,

crime has been registered.

Learned counsel for the applicants submits that applicants have falsely been implicated in the matter and they are in custody since 01/12/2020. It is

submitted that investigation is nearing completion and further custodial interrogation of the applicants may not be required in the matter. The allegation

on the applicants is of beating by means of Axe, due to which, the victim sustained injuries, but they are simple in nature, as such offence under

Section 326 of the IPC is not made out against the applicants. Earlier the applicants were released on bail for the offence punishable under Sections

323, 294, 324, 506-B of IPC, but later on when the X-ray of the victim was conducted after delay of more than one month, offence under section 326

of IPC has been added. In this regard, the applicants have already submitted representation to the Collector for constituting a medical board for

examination of the victim since the said X-ray is concocted and forged one and has been made in connivance with the concerned Doctor. Thereafter,

the victim/complainant was called before the medical board, but the complainant is deliberately not appearing before the medical board. It is settled

legal position that once the accused person has been enlarged on bail, but subsequently further offence has been enhanced then in such circumstances

bail should be granted to such accused person. The co-accused Vijay Singh has already been enlarged on bail by this Court vide order dated

29/09/2020 passed in M.Cr.C. No. 36317/2020. It is further submitted that trial is held up due to COVID-2019 and the applicants cannot be kept in

custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the

applicants in already congested prison may be detrimental. They are permanent resident of District Morena (M.P.). Conclusion of trial is likely to take

time and there is no likelihood of their absconsion, if released on bail. On these grounds, they may be released on bail.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available

on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One

Lakh only) each with two local solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court. The applicants shall also

furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid

proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicants :-

They will cooperate in the investigation/trial, as the case may be;

They will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

They shall not commit an offence similar to the offence of which they are accused;

They will not seek unnecessary adjournments during the trial;

They will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

They shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicants commit any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy / E-copy as per rules/directions.