Bahoran vs State Of M.P

Rajeev Kumar Shrivastava, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 10/10/2020 in connection with Crime No.365/2020 registered at Police Station Kotwali, District Datia(M.P.) for

offence under Sections 323, 294, 506, 324, 326 of IPC.

It is submitted by learned counsel for the applicant- Bahoran that the applicant is innocent. He has not committed any offence. He has falsely been

implicated in the case. It is further submitted that the applicant and the complainant are husband and wife. Earlier the case was registered under

Sections 323, 294, 506 and 324 of IPC and thereafter on receipt of the report of radiologist, Section 326 of IPC has been enhanced. The applicant is in

custody since 10/10/2020 and he is the only bread earner of his family. Now, investigation is complete and charge-sheet has been filed. Trial will take

its own time. Hence, prays for grant of bail. Learned counsel for the applicant has further submitted that in addition to the conditions which may be

imposed, the applicant also undertakes that in future the applicant will not consume liquor and will not misbehave with his family members. Hence,

prays for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central

Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing.

Per contra, State Counsel has opposed the bail application and submitted that the case is registered under Sections under Sections 323, 294, 506, 324,

326 of IPC, which are heinous in nature. Hence, prayed for dismissal of the bail application.

Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the

available case diary.

Considering the facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is

hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.75,000/-(Rupees Seventy Five Thousand only) with

one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned on the dates

fixed by the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it

is found negative, then the concerned local Administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after following guidelines issued by local

administration.

After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Government/State Government

or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific)

issued by the Central Government/State Government or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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

The applicant shall not commit an offence similar to the offence of which he is accused. In case of repetition of offence, this bail order shall

automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned Police Station about his residential address in the said area and it would be the duty of the State

Counsel to send E-copy of this order to SHO of concerned Police Station for information.

The applicant shall mark his presence before the SHO of the concerned Police Station once a week till conclusion of the trial. The concerned SHO

is directed that he will mark the attendance of the applicant in writing and will submit the report accordingly to the Principal Registrar of this Court

once in every month.

In addition to the aforesaid conditions imposed by this Court, the applicant shall also abide by the undertaking given by him with regard to consuming

liquor and misbehavior with his family members.

Application stands allowed and disposed of in above terms.

E- copy of this order be sent to the trial Court concerned for compliance.

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