Noshad Ali vs State Of MP

Rohit Arya, J

This is second bail application under Section 439 Cr.P.C. The first bail application being M.Cr.C. No. 45698/20 was dismissed as withdrawn vide

order dated 21.12.2020. The applicant is in custody since 1.10.2020 in connection with Crime No.14/2020 registered at P.S. Betma District Indore for

the offence punishable under Sections 323, 294, 506, 34, 147, 148, 149, 307 IPC.

Initially an FIR was lodged on allegation that on 3/1/2020 at about 10:00 a.m. while complainant was cleaning his carrier vehicle accused Sameer Ali

and Ashfaq threatened him with dire consequences and hurled filthy abuses if his vehicle touched the stationary car of their ownership. Thereafter

following heated exchanges Naushad Ali, the present applicant, Mohd. Ali, Mansoor Ali, Aavesh Ali, Abbas Ali, Aadil armed with Lathi and Fawda

came on the spot and started Maar-peet with the family members of complainant. Abbas hit Sohaib by Fawda causing injury on head; Aadil hit Shairaj

by Lathi causing injury on head and Mohd Ali hit by Lathi to Shahid Mohd. and Mansoor Ali hit Shahbaj by lathi on his hand. Like-wise the family

members of the complainant were also hit by lathi and physically assaulted. The applicant is alleged to have caused injury on complainant party by

kicks and fists. The complainant had undergone treatment for about 5 days in the hospital. Accordingly case has been registered against the applicant.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and he has been falsely

implicated in the offence. He is not required for custodial investigation and the incident was only on trivial issue amongst the family members living

separately. The dispute has also been amicably settled amongst them. It is further submitted that applicant has already suffered jail incarceration since

1.10.2020 and due to his jail incarceration, his family is in penury. Looking to the Covid-19 situation, trial is not likely to conclude early in the near

future. It is also submitted that co-accused Ashfaq Ali has been granted bail by this Court by order dated 1.2.2021 passed in M.Cr.C. No. 907 of

2021. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer supports the order impugned and opposes the bail application.

Ms. Nasreen Rahman learned counsel for objector fairly concedes that the dispute between the parties have been settled and she is not pressing her

application opposing the bail.

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

has suffered jail incarceration since 1.10.2020, not required for further custodial interrogation, co-accused Ashfaq Ali has been granted bail, and due to

Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

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

applicant be released on bail on furnishing personal bond in the sum of Rs.3,00,000/- (Rs.Three Lakhs only) with one solvent surety in the like amount

to the satisfaction of the learned Trial Court and on the condition that he will 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 applicant 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 applicant will mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00

noon.

(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant 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 applicant will 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.