Bijendra Singh And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicants have been arrested on 03/9/2021 in connection with Crime No.122/2021 registered at Police Station Bijauli, District Gwalior for offence under Sections 294, 323, 324,326, 506 and 34 of IPC.

It is submitted by learned counsel for applicants Bijendra Singh and Satendra Singh that the applicants have been falsely implicated. They have not committed any offence. The place of incidence is near the residence of the applicants. Cross-case has also been registered against the complainant party. It is further submitted that the applicants are in jail since last almost one month. Now, investigation is complete and charge-sheet has been filed. Trial will take long time to conclude. Hence, prayed for grant of bail to the applicants.

Per contra, learned State counsel as well as learned counsel for the complainant opposed the prayer of the applicants and have submitted that after the incident, injured of the present case remained admitted in the hospital for more than 20 days and injury has been caused on the head of the injured and is grievous in nature. Hence, prayed to reject the bail application of the applicants.

In reply, learned counsel for the applicants has submitted that applicant Bijendra remained hospitalized for around 15 days and he was operated for fracture in his hand.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that now charge-sheet has been filed and trial is likely to take long time to conclude, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on each of them 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 their regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

This order will remain operative subject to compliance of the following conditions by the applicants:-

The applicants will comply with all the terms and conditions of the bond executed by them;

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

3 . The applicants will not indulge themselves 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 applicants shall not commit an offence of which they are accused;

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

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

7 . The applicants will inform the SHO of concerned police station about their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

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

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