Dangal @ Gatai vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 12.05.2020 in connection with Crime No.251/2020, registered at Police Station-Kotwali, District-Chhatarpur for offence

under Sections 294, 323, 327 and 506 of IPC.

The case of the prosecution, in short, is that, on the date of incident victim was sitting at the door of his house, at that time applicant came on the spot

and asked to give Rs.500/- for drinking liquor. When victim denied for that, the applicant inflicted simple injuries on his head.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. He has not done anything. It is further submitted

that after investigation charge-sheet has been filed. The applicant is in custody since 12.5.2020 and trial will take considerable time for its disposal.

Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail.

On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application and submits that the applicant is having

criminal past, therefore, prays for dismissal of this application.

Having heard the learned counsel for the parties and considering all the above facts and circumstances of the case and the fact that charge-sheet has

been filed and the applicant is not required for any further investigation and also looking to the present situation of widespread of Novel Corona virus

(Covid-19), without commenting on the merits of the case, this Court is inclined to release the applicant on bail.

It is directed that applicant Dangal @ Gatai shall be released on bail on his furnishing a personal 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 trial Court, for his regular appearance before the trial Court with a

condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3)

of Cr.P.C

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the applicant.

Certified copy as per rules.