Chhiddi Ahirwar vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first application filed by the applicant under section 439 of Cr.P.C. The applicant is in custody since 30.9.2020 in connection with Crime

No.216/2020 registered at Police Station, Nowgaon, District Chhatarpur for the offences under sections 286/34 of I.P.C. and 3/4 of Explosive

Substances Act.

As per the prosecution, on 17.5.2020 the applicant/accused and co-accused Bhajju Ahirwar went to river Dhasan for fishing. They used explosive

substance for fishing. It is alleged that co-accused provided explosive substance to the present applicant.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case. No case is made out against the applicant under the

Explosive Substance Act. The applicant is a labour. He sustained injuries in his hand due to blast of dynamite. He has no previous criminal record.

Charge-sheet has been filed. Other co-accused has already been granted bail by this Court vide order dated 02.12.2020 passed in M.Cr.C. No.

45596/2020. Applicant is in jail since 30.9.2020. Charge-sheet has been filed. Due to spread of COVID-19, trial will take time for final disposal. There

is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for allowing

this bail application.

Per-contra, learned Panel Lawyer opposes the bail application. Considering the contentions of both the parties and the facts that applicant also got

injured in the said incident, he has no previous criminal record, charge-sheet has been filed, he is in jail since 30.09.2020, there is no probability of his

repeating the offence, due to spread of COVID-19, trial will take time for final disposal, there is no probability of absconding or tampering with the

prosecution evidence by the accused/applicant, therefore, it is not appropriate to keep the applicant in jail during whole trial but without commenting on

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

It is directed that the applicant-Chhiddi Ahirwar shall 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 like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates

given by the concerned Court.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the 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 their release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . 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.