Manish And Others vs State Of M.P

Akhil Kumar Srivastava, J

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 231/2020 registered at P.S. Deori, District -Sagar (M.P.) for the offence punishable under section 302 read with section 34 of IPC.

As per the prosecution story, the allegation against the applicants is that they alongwith other co-accused have poured the diesel on victim Pappu Yadav and set him into fire therefore, Pappu Yadav died.

Learned counsel for the applicants submits that applicants are innocent and they are in custody since 30/05/2020. It is further submitted that as per the dying declaration of deceased Pappu Yadav, co-accused Arvind has poured the diesel and set him into fire therefore, the main accused is Arvind. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicants' absconding and tampering with the prosecution evidence and their further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicants on bail.

Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.

Looking to the facts and circumstances of the case alongwith the dying declaration of deceased Pappu Yadav and the fact that main accused is co-accused Arvind who poured the diesel and set the deceased into fire, this application is allowed without commenting anything on the merits of the case. It is ordered that the applicants/accused Manish and Smt. Laxmi Bai be released on bail on their furnishing a personal bond for the sum of Rs.1,00,000/- (Rs. One Lakh Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicants are examined by the jail doctor before their release. If the Applicants show symptoms of COVID 19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the trial;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit any offence during the entire period of bail.

The applicants will not seek unnecessary adjournments during the trial;

The applicants will not leave India without previous permission of the trial Court;

The applicants shall inform the Court about their address and residence in case the applicants move out from their permanent address for any point of time; and

The applicants shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

Certified Copy on payment of usual charges.