Rajaji Bundela vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this third application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bhagua

Pura, District Datia in connection with Crime No.108/2020 registered in relation to the offence punishable under Sections 307, 450, 323, 324, 294, 506,

34 of IPC. Second application was dismissed as withdrawn vide order dated 30.6.2021 passed in M.Cr.C.No.31831/2021 and first application was

dismissed as withdrawn vide order dated 22.4.2021 passed in M.Cr.C.No.19248/2021.

It is submitted by counsel for the applicant that he is in custody since 16.1.2021. It is argued that the allegation against the present applicant is inflicting

injury on the head of injured Awadhesh Prasad Singh, who has turned hostile before the Trial Court on 26.7.2021 and has stated that he has received

injury on falling on a cultivator. The other eye-witness Lallu Raja has also declared hostile. Learned counsel for the applicant submits that the

applicant is a first offender and he is ready to abide by all the terms and conditions that may be imposed by this Court and prays for grant of bail.

Per contra, counsel for the State has opposed the bail application stating that applicant has actively participated in the crime, but he could not dispute

that the injured has turned hostile in the matter.

Taking into consideration the overall facts and circumstances of the case, but without commenting on the merits of the case and looking to the present

scenario of Covid-19 pandemic coupled with the directives issued by t h e Hon'ble Supreme Court on 7.5.2021 in the case of IN RE : CONTAGION

OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 as well as order passed by the Division Bench of this Court at Principal

Seat on 17.05.2021 IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.9320/2021 regarding decongestion of

prisoners, this Court deems it appropriate to allow this application for grant of bail. T h e application is allowed subject to verification of the fact that

applicant is a first offender.

The applicant is directed to be released on bail on his furnishing 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 Investigation Officer/trial Court, as the case may be with submission of written undertaking

and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State

Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he

will have to install Arogya Setu App, if not already installed.

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 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 is accused.

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.

7 . The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty

of the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who shall inform

the concerned SHO regarding the same.

Application stands allowed and disposed of.

I n view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

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