Babulal vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 17.11.2020 in connection with Crime No. 116/2020 registered at Police Station- Devri, District- Raisen (M.P.) for the

offence punishable under Section 294, 323, 506/34, 307 and 325 of IPC.

Prosecution case in short is that on 02.10.2020, present applicant/accused and other co-accused abused with filthy language to complainant/Omkar

Singh, when he objected then co-accused/Parmanand inflicted injury by stick on the had of complainant. Thereafter his son/Bhagwan reached there

and tried to save him then other co-accused/Narayan Singh inflicted injury by stick to him and present applicant/accused beaten him by kicks and fists,

due to which complainant received grievous injury which is dangerous to life. Thereafter, present applicant/accused and other co-accused also

threatened them. Therefore, FIR was lodged.

Learned counsel for the applicant submits that present applicant/accused has falsely been implicated in this case. He was not present at the time of

incident and also not participate. At the time of incident he has no weapon. It is alleged by the prosecution that applicant/accused beaten him by kicks

and fists. Applicant/accused is 63 years old and agriculturist. Applicant/accused has no previous criminal antecedent. He is in jail since 17.11.2020.

Charge-sheet has been filed.

It is the time of COVID-19, so conclusion of trial will take time of final disposal. Applicant/accused is a bread earner of his family, if he will be kept in

custody for unlimited period then his family future will b spoiled. There is no probability of his absconding and tampering with the prosecution

evidence. On these grounds, he prays for grant of bail to the applicant/accused.

Panel Lawyer for State opposes the bail application.

Considering the contention of both the parties and the fact that at the time of incident applicant/accused has no weapon, it is alleged by the prosecution

that applicant/accused inflicted injury to Bhagwan by kicks and fists. Applicant/accused is 63 years old, he is in jail since 17.11.2020, charge-sheet has

been filed, applicant/accused is a agriculturist and bread earner of his family, it is the time of COVID-19 further proceeding of trial is withheld, so trial

will take time of final disposal, there is no probability of absconding of the petitioner and tampering the evidence, and also considering the role of the

petitioneraccused this court is of the considered view that it would be appropriate to release the petitioner on bail. Therefore without commenting on

merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Babulal be released on bail on his furnishing a bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one

solvent surety of the same amount to the satisfaction of the Trial Court for his appearance before it on the dates given by the concerned Court. It is

further directed that the applicant shall comply with the provisions of Section 437(3) 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.

Certified copy as per rules