Halle Bhai vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is second bail application under Section 439 of the Cr.P.C,. filed on behalf of applicant Halle Bhai.

His first application for bail was dismissed as withdrawn passed by this Court vide order dated 16.03.2021 in M.Cr.C.No.2695/2021.

Heard on this second application for bail under Section 439 of the Cr.P.C. filed on behalf of applicant Halle Bhai in connection with crime

no.533/2020, registered at police station-Batiyagarh, District-Damoh for the offence punishable under Sections 307, 294 and 506 read with section 34

of the IPC.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the case and an affidavit of compromise has

also been filed by the father of complainant and complainant himself stating therein that they have entered into compromise outside the Court with the

applicant without any pressure, fear or coercion. The applicant is in custody since 26.11.2020. Learned counsel for the applicant further submits that

co-accused persons namely Murli Rajak and Churaman have already been granted bail by this Court vide orders dated 24.12.2020 and 04.01.2021

passed in M.Cr.C.Nos.51375/2020 and 53078/2020 respectively, therefore, it has been prayed that the applicant be released on bail.

Learned panel lawyer for the respondent State on the other hand has opposed the application for bail.

Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties but without commenting on

the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a 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 trial Court for his regular

appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall abide by

the conditions enumerated under Section 437 (3) of Cr.P.C.

In view of the outbreak of 'Corona Virus Disease (COVID-19)' the applicant 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.01/2020, it would be appropriate to issue following directions to the jail

authority:-

1.The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2.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 disease, necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.