Pran Singh vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

The applicant has filed this second application u/S. 439, Cr.P.C. for grant of bail. Earlier application was dismissed as withdrawn vide order dt.05.11.2020 passed in M.Cr.C. No.42955/2020.

The applicant has been arrested on 30.04.2020 by Police Station Khaniyadhana, District Shivpuri (M.P.), in connection with Crime No.127/2020 registered in relation to the offence punishable under Sections 302, 201/34 of IPC.

Allegation against the applicant and co-accused, in short, is that on 21/04/2020 at about 8.00 pm complainant's brother left the house and thereafter his dead body was found on 22/04/2020 at 8.00 am in the field of Kamal Lodhi. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 30/04/2020. It is submitted that charge-sheet has been filed and no further custodial interrogation is required in the matter. During trial brother of the deceased/complainant Brijesh (P.W.1), father of the deceased Rajaram, who is hearsay witness (P.W.2), wife of the deceased/last scene witness Gomati (P.W.3) and brother Ramesh Lodhi (P.W.4) who is hearsay witness, have turned hostile before the Trial Court and have not supported the prosecution story and also independent witness Kailash (P.W.5) has turned hostile before the Trial Court. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District Shivpuri (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.

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 the 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 extend 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 local surety of the like amount to the satisfaction of the trial Court/committal 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 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 tor to the Police Officer, as the case may be;

4 . 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;

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.

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

Certified copy as per rules.