Asbab And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicants are facing trial in connection with Crime No.96/2021, registered at Police Station-Manak Chowk, District-Ratlam(MP) for offence

punishable under Sections 307, 323, 324, 294, 34 of IPC. The applicant is in custody since 09.03.2021.

The allegation against the applicants is that they along with other co- accused persons assaulted the complainant and his family members on account

of family dispute.

Learned counsel for the applicants has submitted that a cross case has also been registered in the present case at Crime No.97/2021 in which the

accused persons of the complainant side have already been granted bail by this Court on 25.05.2021 passed in M.Cr.C. No.25147/2021. Counsel has

submitted that it is a case of free fight between the parties and in the present case also there is no specific overt act attributed to the applicants and

they are in jail since 09.03.2021. It is further submitted that the main allegation is against the co- accused Shahid. It is further submitted that the

accused persons and the complainants belong to the same family and they have already entered into the compromise and have decided to stay

peacefully. The final conclusion of the trial is likely to take sufficient long time on account of Covid-19, hence, prays for grant of bail to the applicants.

Learned counsel the respondent/State on the other hand, opposed the prayer, however, it isnot deniedthat the main allegation is against the co-

accused Shahid and a cross case has also been lodged by the complainant. On due consideration of the submissions made by learned counsel for

theparties and on perusal of case diary, this court finds force in the contentions raised by the counsel for the applicants and taking note of the order

passed in respect of cross case M.Cr.C. No.25147/2021 (supra) filed by the complainant side wherein application has been allowed in respect of the

accused persons of the complainant party. The charge sheet has already been filed and the final conclusion of the trial is likely to take sufficiently long

time in the wake of fresh spread of Covid-19, I am inclined to allow the bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be

released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the

like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain

present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code,

1973.

It is also observed that after being released on bail, if the applicants again indulge themselves in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicants in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

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