Balakram vs State Of M.P

Vivek Rusia, J

This Forth application filed under section 439 Cr.P.C seeking bail in connection with Crime No.122/2019 registered at Police Station-Karanvas,

District Rajgarh for the offence punishable under section 147, 148, 149, 294, 323, 307 of I.P.C. and Section 25 & 27 of Arms Act. The First and

Second bail application of the applicant were dismissed as withdrawn vide order dated 07.01.2020 & 04.08.2020 passed in M.Cr.C.No.50081/2020 &

39865/2020 respectively.

The applicant is in jail since 24.07.2019.

As per prosecution story, the complainant lodged an FIR against the applicant and other co-accused persons alleging that on 21.07.2019 at about

10/11:00 am the complainant alongwith his family members digging the field that the time the applicant alongwith co-accused came there with deadly

weapon and abused them. They also assaulted the complainant and his family members due to which they sustained injury. On that basis the aforesaid

offence has been registered against the applicant and other co-accused persons.

Learned counsel for the applicant has submitted that after withdrawal of the third bail application on 19.11.2020 passed in M.Cr.C.No.39865/2020, the

prosecution have been examined as many as six witnesses and they have not supported the prosecution story and turned hostile. They have also not

identified the present applicant as well as other co-accused persons. It is also submitted that except the applicant, all the co-accused persons have

been granted bail either by the trial court or by this court. It is further submitted that on the basis of the statement there is minimum chance of

conviction of the applicant specifically under Section 307 of I.P.C. because no one has sustained grievous injury by fire of gun shot. If the allegation is

accepted, the applicant can be punished for the offence punishable under Section 323 of I.P.C. for which he is in jail more than one year. The

investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances, learned counsel for the

applicant prays for grant of bail to the applicant.

On the other hand, learned Panel Lawyer opposes the prayer for grant of bail.

I have perused the case-diary. Taking into consideration the quantity of contraband alleged to have been recovered from the applicant, without

commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in

the sum of Rs.40,000/-(Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of trial Court for his appearance

before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the

conditions enumerated under Section 437 (3) of Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.