Kalunath And Another vs State Of M.P

Rohit Arya, J

This is the first application under Section 439 of Cr.P.C. The applicants are in custody since 2.9.2020 in connection with Crime Case No.426/2020

registered at Police Station, Nagda, District Ujjain for the offence punishable under Section 307/34, 147, 148, 149 of IPC

As per the prosecution story, while the complainant Rahul Jain was came out at Munnalal Jat's Dhaba alongwith his friend Alok after having meals,

main accused Jitendra Jatav and Gabbar Rajpoot armed with iron pipe came closed to him and hurled filthy abuses. Thereafter, Gabbar Rajpoot hit

him on his head with iron pipe and Jitendra Jatav hit him on his left hand resulting into profussed bleeding. Thereafter, Alok came in rescue of the

complainant. It has also been alleged in the FIR that there were 10-15 persons helping the accused in beating the complainant. During investigation in

the memos of main accused Jitendra Jatav and Gabbar Rajpoot under Section 27 of Evidence Act the applicants have been implicated and arrested.

Learned counsel for the applicant submits that applicants are innocent and they have been falsely implicated. The investigation is complete and challan

has been filed. The applicants are not required for further custodial interrogation. There are no criminal antecedents of the applicants. They have not

been named in the FIR. They were not present on the spot. No act much less overt act is attributed to the applicants. The applicants are father and

son. They have already suffered jail incarceration since 2.9.2020. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the

near future. Under such circumstances, the applicants deserve to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and

proper.

Per contra, learned Panel Lawyer for the respondent/State opposes the bail application supporting the order impugned with submission that once

applicants have been named in the memos under Section 27 of Evidence Act having participated in the crime. The main accused physically assaulted

the complainant. However, she fairly submits that there are no criminal antecedents of the applicants and not required for further custodial

interrogation.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicants have

suffered jail incarceration since 2.9.2020, having no criminal antecedents, not required for custodial interrogation and the possibility of delay in

conclusion of trial cannot be ruled out, they are held entitled for enlargement on bail.

Consequently, the application of the applicants filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicants be released on bail on each of them furnishing personal bond in the sum of Rs.2,50,000/- (Rs.Two Lacs Fifty Thousand Only) with separate

solvent sureties in the like amount to the satisfaction of the learned Trial Court and on the condition that they shall remain present before the Court

concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further

conditions:

 (i) the applicants will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government

as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid

proliferation of Novel Corona virus (COVID-19);

(ii) the applicants shall mark their attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00

noon.

(iiii) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the

jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test

required be undertaken immediately. If not, the applicants shall be released on bail in terms of the conditions imposed in this order;

(iv) violation of conditions, State is free to apply for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police

Station for information and necessary action.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-Certified copy as per rules.