Rakesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.625/2020, registered at Police Station-Biaora City, District-Rajgarh for offence punishable

under Section 294, 323, 324, 506, 147, 328, 302 & 34 of Indian Penal Code, 1860. The applicant is in custody since 15/12/2020.

The allegation against the applicant is he along with other co-accused persons namely Harisingh, Mohanlal and Basantibai committed murder of

deceased Premsingh, who happens to be the real brother of Harisingh. Admittedly the dispute was between the parties in respect of well situated at

common land of the parties.

Counsel for the applicant has submitted that the applicant is not named in the FIR and his name has appeared for the first time in the statement under

Section 161 of Cr.P.C, recorded by wife of deceased Basantibai as also in the dying declaration of the deceased, wherein passing reference of the

applicant's name has been made. Counsel submitted that from the perusal of FIR it clearly reveals that the main allegation is against Harisingh, who

happens to be father of the applicant with whom the deceased had a quarrel.

The applicant is in jail since 15/12/2020 and final conclusion of the trial is likely to take sufficient long time on account of Covid-19, hence, prays for

grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer and submitted that since the name of the applicant is

mentioned in dying declaration, no case for grant of bail is made out.

Having considered the rival submissions and on perusal of case diary, against co-accused Harisingh and the name of the applicant has appeared

subsequently as a passing reference so also considering the fact that the applicant is in jail since 15/12/2020, final conclusion of the trial is likely to take

sufficiently long time in the wake of fresh spread of Covid-19 and there are no criminal antecedents, I am inclined to allow the bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.

The applicant is directed to b released on bail upon furnishing a 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 trial Court for his regular appearance before the trial Court during trial with a condition that he shall

remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure

Code, 1973.

It is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.