Brajesh Baghel vs State Of M.P

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard on I.A.No.7422/2020, an application for changing the counsel.

For the reasons mentioned in the said application. I.A.No. 7422/2020 is allowed.

Shri Anand Purohit, Counsel is permitted to prosecute the case.

Heard the learned counsel for the parties.

The applicant has filed this second application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 29.08.2019 by Police Station

Ater, District Bhind (M.P.) in connection with Crime No.126/2019 registered in relation to the offence punishable u/Ss. 307, 294, 323, 506, 34, 147,

148, 149 of IPC and Section 25, 27 of Arms Act.

It is submitted by the counsel for the applicant that the first bail application was rejected on merits by this Court vide order dated 11.02.2020 passed in

M.Cr.C.5402/2020 with liberty to repeat the same after recording of statements of all prosecution witnesses. It is submitted that the main injured in the

case is Vikas who was sustained grievous injury has turned hostile in the matter. Thereafter, no other witnesses could have been examined before the

trial Court as due to Covid-19 pandemic scenario, the trial is not regularly functioning. It is submitted that the applicant is in custody since 29.08.2019

and looking to the judgment passed by the Hon'ble Supreme Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra & Anr.

reported in 2001 (3) Crimes 410 (SC), he also deserves to be enlarged on bail. The applicant is ready to abide by all the terms and conditions that may

be imposed by this Court while considering his application for grant of bail. He has also shown his willingness to contribute an amount of Rs.10000/-

towards the PM Care Fund during this COVID-2019 pandemic scenario. Under these circumstances, counsel for the applicant prays for grant of bail

to the applicant.

Per contra, learned Public Prosecutor for the State has opposed the bail application stating that the earlier application was rejected on merits

considering the statement of Vikas who has said to be turned hostile in the matter. Liberty was extended to repeat the same after examination of all

the witnesses. But he fairly submits that due to COVID-19 scenario, witnesses could not be examined. He submits that the injury sustained to other

injured is simple in nature. There is no criminal history of the present applicant as per the case diary.

The Hon'ble Supreme by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU

W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the

prisons. The Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID â€" 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is

controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii)

the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on

parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been

convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser

number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon

the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial

or any other relevant factor, which the Committee may consider appropriate.â€​

Considering the overall facts and circumstances of the case and looking to the fact that the applicant is in custody since 29.08.2019 and the main

injured has turned hostile in the matter, this Court deems it appropriate to allow this application.

The application is allowed. The applicant is directed to be released on bail on furnishing his personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with

submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued

by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 him 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.

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall deposit Rs.10000/- in PM CARE Fund having Account Number : 2121PM20202, IFSC Code: SBIN0000691,

SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch within seven days from today.

The applicant will inform the concerned S.H.O. of concerned Police Station about his 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 as well as concerned Superintendent of Police who shall

inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

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