Pulandar Singh vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this third application under section 439 of the Cr.P.C. for grant of bail. Earlier applications were dismissed on merits vide

orders 27.01.2021 and dt.09.03.2021 passed in M.Cr.C.No.52625/2020 and M.Cr.C.No.12110/2021 respectively.

Applicant has been arrested on 27/08/2020 by Police Station â€" Mata Basaiya, District Morena (M.P.) in connection with Crime No. 154/2020 for

the offences punishable under Sections 307, 323, 294, 324, 326, 325 and 506/34 of IPC.

Prosecution story, in short, is that the complainant lodged a report to the effect that on 14/08/2020 at about 6:00 P.M., when the complainant alongwith

his nephew- Sonu went to their fields and there they saw that buffaloes of the accused persons were grazing in their fields and when the complainant

tried to exclude them, the applicant and other co-accused persons got annoyed and started abusing filthily to the complainant. When the complainant

stopped not to abuse, they, armed with sticks and Farsa, came there and assaulted the complainant and his nephew by their respective weapons, due

to which, the complainant and his nephew received severe injuries. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that applicant aged 58 years has been falsely implicated in the case and he is in custody since 27/08/2020.

Allegation against the applicant is of causing simple injury by means of Lathi on the head of the complainant Suresh. In the X-ray report, it has been

opined that no bony injury has been received by the victim. The applicant has not committed the alleged offence, He is innocent and not involved

directly or indirectly in commission of said offence. Even in view of averments of FIR, no alleged offence is made out against the applicant. Charge-

sheet has been filed, therefore, no further custodial interrogation is required in the matter. In fact, the complainant was the aggressor who had started

the quarrel and caused injuries to the applicant and co- accused for which the present applicant had lodged a report which is registered at Crime

No.155/2020. There is no likelihood of escalation of the offence to the higher count. It is also submitted that the the applicant and complainant are

ready to compromise. It is also submitted that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental.

The applicant can not be kept in custody for indefinite period. 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 to abide by all the terms and conditions as may be imposed. With the aforesaid

submissions, prayer for grant of bail is made.

Learned Panel Lawyer for the respondent/State opposed the application and prays 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.

Learned counsel for the complainant also submitted that the applicant and the complainant are ready to compromise.

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 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/- (Rs. Fifty Thousand only) with one solvent 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 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 Court concerned for compliance.

Certified copy/E-copy as per rules.