Dilip Dahiya vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 04.11.2020 in connection with Crime No. 98/2020 registered at Police Station- Dheemarkheda District-Katni (M.P.)

for the offence punishable under Sections 294, 324, 506 and 452/32 of IPC.

Prosecution case, in short, is that on 03.07.2020, complainant and his family members were residing in the house of petitioner/accused

petitioner/accused and co-accused entered into the house of complainant/Balveer and abused with filthy language. Thereafter, petitioner/accused and

co-accused inflicted injury by stick to complainant/Balveer, his wife/Rajkumari and his son/Chandu. . Complainant/Balveer received grievous injury.

Thereafter FIR was lodged.

Learned counsel for the petitioner submits that petitioner-accused has falsely been implicated in this case. Petitioner/accused is brother of

complainant/Balveer or injured Rajkumari is sister-in-law and injured Chandu is nephew. Petitioner/accused has no previous criminal antecedent. The

incident occurred due to some trivial dispute between both the parties. Accused/petitioner is in jail since 04.11.2020. Investigation is completed. No

custodial interrogation is required in this case. Petitioner/accused is a agriculturist. It is the time of COVID-19 pandemic due to which further

proceeding of trial is withheld, so trial of final disposal. There is no probability of his absconding and tampering with the prosecution evidence. On

these grounds, he prays for grant of bail to the petitioner.

Panel Lawyer for State opposed the bail application.

Considering the contention of both the parties and the fact that petitioner/accused is brother of complainant/Balveer, petitioner/applicant has no

previous criminal antecedent, the incident was occurred due to some trivial dispute between them, no custodial interrogation is required in this case, he

is in jail since 04.11.2020, investigation is completed, it is the time of COVID-19 pandemic due to this further proceeding of trial is withheld, so trial will

take time for final disposal, there is no probability of absconding of the petitioner or tampering with the evidence, it is not appropriate to keep the

petitioner- accused in jail during whole the trial, therefore without commenting on merits of the case, application of the petitioner under Section 439 of

the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

 It is directed that petitioner- Dilip Dahiya 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 Trial Court for his appearance before it on the dates given by the concerned Court.

It is further directed that the petitioner shall comply with the provisions of Section 437(3) of Cr.P.C.

 In view of the outbreak of 'Corona Virus disease (COVID-19) the petitioner 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 petitioner by the jail doctor before his release.

2 . The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing his in

appropriate quarantine facility.

Certified copy as per rules.

M.Cr.C. is disposed of.