Fardeen @ Fazzu And Others vs State Of M.P

Anjuli Palo, J

These are the first applications filed by the applicants under Section 439 of the Cr.P.C. seeking regular bail.

The applicants are in custody since 9.1.2021 in connection with Crime No.9/2021 registered at Police Station Chandameta, District Chhindwara for

the offences punishable under Sections 147, 148, 149, 341, 294, 323, 307 of the IPC and Section 25 of the Arms Act.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. Similarly placed co-accused Ikrar Siddiqui has

been released on bail by a coordinate Bench of this Court vide order dated 16.3.2021 passed in M.Cr.C. No. 14016/2021 and co-accused Fazal @

Fazzu has been released on bail by this Court vide order dated 5.4.2021 passed in M.Cr.C. No. 14011/2021 by this Court. Case of the present

applicants is similar to the aforesaid co-accused. The applicants are in custody and there is no hope of conclusion of trial in near future on account of

second wave of Covid-19 pendamic, therefore, they may be released on bail on the ground of parity.

Learned Panel Lawyer as well as learned counsel for the objector have opposed the applications.

As per prosecution's case, about three persons namely Manish, Bhura and Naman sustained injuries in the incident. Injured Manish sustained incised

wound on his occipital region of the size of 1/2 x 1/2 x 1/2 cm. Injured Bhura sustained four lacerated wounds on his occipital region of forehead and

fracture on patela bone of right leg and finger of right hand and injured Naman sustained incised would of 1 x 1/2 cm on his occipital region. None of

the injuries sustained by the injured persons are found to be dangerous to life. The injuries received by injured Naman and Manish are simple in naute.

The applicants are in custody for last about six months.

Considering the overall facts and circumstances of the case, period of custody of the applicants and the fact that similarly placed co-accused persons

have been released on bail, I deem it appropriate to release the applicants on bail maintaining the parity with the co-accused persons, therefore,

without commenting on the merits of the case, the applications are allowed.

It is directed that applicants Fardeen @ Fazzu, Sameer @ Chotu and Sheikh Ayan @ Lucky shall be released on bail on their furnishing a personal

bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) each with one surety in the like amount to the satisfaction of the trial Court concerned

for their appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

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

The jail authorities shall have the applicants checked by the jail doctor to ensure that they are not suffering from the Corona virus and if they are, they

shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their place of residence by the jail

authorities.

Disposed of accordingly.