Arvind @ Bauaa vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested on 17.08.2020 by Police Station City Kotwali, District Bhind (M.P.), in connection with Crime No.349/2020 registered

in relation to the offence punishable under Sections 307, 341, 323, 506, 34 of IPC and added Section 25, 27 of Arms Act.

Prosecution story, in short, is that on 02.08.2020, at about 11.25 PM, complainant was going on a Motorcycle along with his nephew Rahul and Amit

to drop Amit to Gandhinagar. In the way, they were intercepted by present applicant- Arvind @ Bauaa, who was armed with a 12 bore gun, Shivnath,

who was armed with a Danda, Hridesh, who was having a country made pistol and Alok, who was with a Lathi. On account of previous animosity,

Alok, Shivnath and present applicant exhorted the present applicant Arvind @ Bauaa to fire at Rahul, who in turn fired at Rahul pellets of which hit

Rahul on his chest, hand, waist, both shoulders and legs. Rahul fell on the spot. Shivnath and Alok assaulted the complainant and Amit with Danda and

Lathi. Hridesh fired at them with an intention to kill, but they bent for saving themselves and the fire missed the target. On the basis of the aforesaid

crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 17.08.2020. Charge sheet

has been filed, therefore, no further custodial interrogation is required. During trial, the complainant, injured and two other eye witnesses have turned

hostile and not supported the prosecution version. Co-accused Shiv Nath Singh has already been enlarge on bail by this Court vide order dated

18.09.2020 passed in M.Cr.C. No.31856/2020. Counsel for the applicant submits that in view of COVID-19, outbreak detention of applicant in already

congested prisons may be detrimental. The applicant is permanent resident of District Bhind (M.P.) and there is no likelihood of his absconsion or

tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions,

prayer for grant of bail is made out.

Learned Panel Lawyer for the respondent/State opposed the application by contending that on the basis of the allegations and the material available on

record, no case for grant of bail is made out. It is submitted that applicant was actively involved in the offence and prays for rejection of bail

application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged

pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely- Arvind @

Bauaa be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety of the like

amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

T h e applicant shall also furnish a written undertaking before the concerned court that he 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 applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

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

The applicant will not indulge himself 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 tor to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically,

without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.