Madanlal Valmiki And Others vs State Of M.P

Mohd. Fahim Anwar, J

This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicants who have been arrested in connection with Crime

No.555/2020, registered at Police Station Bina Distt. Sagar (MP), for the offences punishable under Sections 147, 148, 149, 341, 326, 323, 324, 294 &

506 of the IPC.

The allegation of prosecution is that on 12/09/2020 at about 11.30 p.m., some scuffle has taken place between complainant Sunil Sonker and applicants

on the dispute of informing the address of house of the applicant to the Corona Investigation Team. It is alleged at the time of incident, applicants, who

are the close relatives, have attacked on complainant Sunil Sonker with the help of iron rod and beaten him badly by which he sustained injuries near

mouth and other parts of the body. After committing the offence, applicants fled from there. Complainant Sunil Sonker called the police and he was

taken to the hospital. On his report, a Dehati Nalishi was recorded and later on FIR under the aforementioned crime has been registered against the

applicants.

Learned counsel for the applicants has submitted that the applicants are innocent person and they have falsely been implicated in the present offence.

On the false report of the complainant, the case has been registered against the applicants. It is also submitted that the applicants have no criminal

antecedents and they are ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits

that the applicants are in jail since 24/11/2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicants

prays for grant of bail to the applicants.

Learned counsel for State has opposed the application for grant of bail. Applicants are judicial custody since 24/11/2020. One grievous injury was

found on the left leg of the complainant Sunil Sonker. It is conceded that he has been discharged from the hospital. No criminal antecedents shown

against the applicants.

Considering the facts and circumstances of the case, particularly the facts pointed out by learned counsel for the applicants and also the exigency of

Covid-19, this application is allowed.

It is directed that the applicants shall be released o n bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only)

each with one solvent surety of the like amount to the satisfaction of the trial Court. The applicants shall abide by the conditions as enumerated under

Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will b e competent t o take coercive action against the

applicants.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicants 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.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 applicants by the jail doctor before their release.

The applicants 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 applicants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them

in appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules