Jeevan Yadav And Others vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

Learned counsel for the petitioners seeks permission to withdraw this petition with regard to petitioner No.1/Jeevan Yadav and petitioner No.

3/Asharam Yadav.

Therefore, this petition is dismissed as withdrawn with regard to petitioner No.1/Jeevan Yadav and petitioner No. 3/Asharam Yadav.

This is first bail application filed by the petitioners under Section 439 of the Code of Criminal Procedure.

The petitioner No. 2 and 4 are in custody since 25.05.2021 in connection with Crime No.81/2021 registered at P.S.-Gulganj, District-Chhatarpur

(M.P.) for the offence punishable under Sections 147, 148, 149, 307, 323, 325, 452, 294 and 506 of IPC.

As per prosecution story, on 19.05.2021, petitioners/accused and other co-accused were not invited in the marriage of son of Dhaniram Yadav, due to

which, petitioners/accused and other co-accused abused filthy language, when Chhutti Yadav objected for the same, then petitioners No.1 and

3/accused came into his house and inflicted injuries to him with axe. On his shriek, complainant went there and tried to save him then present

petitioners No. 2 and 4 inflicted injury to the complainant with stick. Thereafter, Shankar Yadav and Rajabeti have also tried to save them then

petitioners/accused and other co accused persons inflicted injuries to them with axe, stick and bricks. Complainant/Gomti Yadav, Shankar Yadav and

Raj Beti @ Raju Bai received simple injuries. Chhutti Yadav received grievous injury which is dangerous to life.

Learned counsel for the petitioners No. 2 and 4/accused submits that they have falsely been implicated in this case. They did not inflict any injury to

Chhutti Yadav. Actually, complainant party is aggressor. Co-accused Asha Ram Yadav lodged the report against the complainant party which is

registered in Crime No.78/2021 for offence under Section 323, 294, 336, 506 read with Section 34 of IPC. Other co-accused persons have already

been released on bail by this Court vide order dated 29.06.2021 in M.Cr.C. No. 28431/2021. It is alleged by the prosecution that petitioners 2 and

4/accused inflicted injury to the complainant party with stick. Petitioner No. 2 and 4/accused are in jail 25.05.2021. Investigation is complete. It is time

of COVID-19 pandemic, due to this, trial will take time for its final disposal. Petitioner No. 2 and 4 are agriculturist and breadwinner of their family. If

they are kept in custody for unlimited period then future of their family will be spoiled. There is no probability of their absconding or tampering with the

evidence of prosecution witness. On these grounds, learned counsel for the petitioners No. 2 and 4 prays for allowing this bail application.

Per-contra, learned Panel Lawyer opposes the bail application. Considering the contention of both the parties and this fact that petitioners No. 2 and 4

have no previous criminal antecedent, they did not inflict any injury to Chhutti Yadav , co-accused Asha Ram Yadav lodged the report against the

complainant party which is registered in Crime No.78/2021 for offence under Sections 323, 294, 336, 506 read with Section 34 of IPC, petitioners No.

2 and 4/accused are in jail 25.05.2021, Other co-accused persons have already been released on bail by this Court vide order dated 29.06.2021 in

M.Cr.C. No. 28431/2021, investigation is complete, no further custodial interrogation is required in this case, it is time of COVID-19 pandemic, due to

this, trial will take time for its final disposal, there is no probability of their absconding or tampering the evidence of prosecution witness.

In view of the aforesaid, it would not be appropriate to keep the petitioners No. 2 and 4/accused in jail during whole trial. Therefore, without

commenting on merits of the case, application of the petitioners No. 2 and 4 under Section 439 of the Cr.P.C. seems to be acceptable.

Consequently, it is hereby allowed.

It is directed that petitioner No. 2/Shillu @ Sheelchandra and petitioner No.4/Dhan Prasad be released on bail on their furnishing a personal bail bond

in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the JMFC

concerned or trial Court for their appearance before the trial Court on the dates given by the concerned Court. It is further directed that the petitioners

No. 2 and 4 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 petitioners No. 2 and 4 shall also comply with 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 petitioners No. 2 and 4 by the jail doctor before their release.

2 . The petitioners No. 2 and 4 shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried

out.

If it is found that the petitioners No. 2 and 4 are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by

placing their in appropriate quarantine facility.

Certified copy as per rules.

M.Cr.C. is disposed of.