Pappu vs State Of M.P.

I.A. No. 15995/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 20/7/2020 in connection with Crime No.44/2020 registered at Police Station Sihoniya, District Morena for offence under Sections 326, 324, 323, 294, 506-B and 34 of IPC.

It is submitted by learned counsel for the applicant - Pappu that the applicant has been falsely implicated. He has not committed any offence. Allegation levelled against the present applicant is of causing injury using axe on the nose of the injured. Opinion regarding fracture of the nose of the injured was given by a village-doctor who doesn't have any degree of MBBS. It is further submitted that co- accused Sanjay has already been enlarged on bail by order dated 28/8/2020 passed in MCRC No. 28511/2020. The applicant is in custody since last more than two months and investigation is complete and charge-sheet has been filed. Hence, prayed for grant of bail to the applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has opposed the prayer and has submitted that nasal bone fracture has been caused by the present applicant to the injured. Hence, prayed to reject the bail.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Looking to the facts and circumstances of the case as well as the fact that investigation is complete and charge-sheet has been filed, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

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

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

The applicant shall not commit an offence similar to the offence of which he/she is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

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