Manoj vs State Of M.P

S.A. Dharmadhikari, J

The applicant has filed this fourth application u/S. 439 Cr.P.C. for grant of bail. The first and second bail applications were dismissed as withdrawn vide orders dated 16/3/2021 and 07/06/2021 passed in MCRC No.11443/2021 and 19675/2021 and third bail application was dismissed on merits vide order dated 10/08/2021 passed in MCRC No.39349/2021.

The applicant has been arrested by Police Station- Janakganj, District- Gwalior (M.P.) in connection with Crime No.75/2021 registered in relation to the offence punishable under Section 306 of the IPC.

Allegation against the applicant, in short, is that on 20/08/2020, a complaint was registered to the effect that the applicant used to harass the deceased Brijlal and on 20/08/2020 an altercation took place between them on the ground that the deceased was under intoxication of liquor. In the night the deceased committed suicide by hanging. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is a Government servant and he has been falsely implicated in the case. He is in custody since 01/02/2021. Charge sheet has been filed. No further custodial interrogation is required in the matter. No offence under Section 306 of IPC has been made as the ingredients of Section 107 of IPC are missing. It is further submitted that in order to convict a person under Section 306 of IPC, there has to be a clear mens rea to commit the offence. In fact on 19/08/2020 when the applicant was on duty, the deceased came there and brutally beat the applicant by iron rod, due to which he got fracture over his leg. An FIR was also registered against the complainant for the offence under Section 323, 294 and 506 of IPC. It is further submitted that four material witnesses have been examined who turned hostile and not supported the prosecution version. Owing to COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. The applicant is a permanent resident of District - Morena and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready and willing to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to grant the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy/e-copy as per rules/directions.