Harbhajan Jatav vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this Third bail application u/S 439, Cr.P.C. for grant of bail. The first and second bail applications were dismissed as withdrawn

vide orders dated 28/11/19 & 27/07/20 passed in M.Cr.C. Nos. 42167/2019 & 17570/2020.

The applicant has been arrested on 15.06.2019 by Police Station- Goraghat, District Datia in connection with Crime No. 80/2019 registered for the

offences punishable under Sections 302, 147, 148, 149 of IPC.

Allegations against the applicant, in short, are that the present applicant alongwith other co-accused persons armed with weapons like stones and axe

inflicted injuries on the brother of the complainant and on the account of injuries brother of the complainant died on the spot. On the aforesaid basis,

crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 15.06.2019. The applicant

has not committed the alleged offence. He is innocent and not involved directly or indirectly in commission of said offence. Even in view of averments

of FIR, no alleged offence is made out against the applicant. Learned counsel further submits that investigation stands completed by filing of the

charge sheet. No further custodial interrogation is required. The complainant and other material witnesses have turned hostile and did not support the

prosecution version. Earlier liberty was granted to the applicant to repeat after material witnesses are examined. Owing to COVID-19 outbreak, trial

is not likely to conclude in near future and detention of applicant in already congested prisons may be detrimental. The applicant can not be kept in jail

for indefinite period. The applicant is permanent resident of District- Datia and there is no likelihood of his absconsion or tampering with the

prosecution evidence. He is ready and willing to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions,

prayer for grant of bail is made.

On the other hand, learned Panel Lawyer opposed the application by contending that on the basis of the allegations and material available on record,

no case for grant of bail is made out. It is also submitted that the deceased has received nine ante mortem injuries and he died on the spot. According

to post mortem report all the injuries are serious in nature and cause of death is due to these injuries. Bail applications of the other co-accused persons

have been dismissed and on such grounds, he prays for rejection of the bail application.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus.

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

He will cooperate in the investigation/trial, as the case may be;

He will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her

from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy / E-copy as per rules/directions.