Kamlesh Parihar @ Kamal Kishore vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is first bail application filed under Section 439 of the Cr.P.C. on behalf of the applicant Kamlesh Parihar @ Kamal Kishor who is in custody since

11.03.2021 in connection with Crime No.36/2021, Police-Station- Bajaria- District-Bhopal for commission of the offence punishable under Sections

294, 323, 307, 302, 147 and 506/34 of the IPC.

As per prosecution, it is alleged that on 01.02.2021, the applicant along with other co-accused persons assaulted the complainant, due to which he

sustained injuries.

Learned counsel for the applicant submits that he has falsely been implicated in the present case. It is also submitted that there is free fight between

both the parties, therefore, it cannot be said that the applicant has actively participated in the alleged incident. The applicant is in custody since

11/03/2021. Investigation is completed and charge-sheet has been filed. Co-accused has been granted bail by this court vide order dated 02.07.2021

passed in M.Cr.C. No. 24861/2021. Conclusion of trial will take sufficient time. Under these circumstances, learned counsel for the petitioner prays

for grant of bail to the applicant.

Learned counsel for the State on the other hand has opposed the application for bail.

Considering the facts and circumstances of the case and the arguments advanced by 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.30,000/- (Rupees Thirty 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 also abide

by the conditions enumerated under Section 437(3) 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 motu 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 applicant by the jail doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.