Ramavtar S/O Rudmal Sharma And One Another vs State Of M.P

Heard learned counsel for the parties through video conferencing.

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.46/2020 registered at police station Ingoria, district Ujjain for the offence punishable under sections 323, 324, 326, 294, 506 & 427/34 of the IPC.

As per prosecution case on 04.03.2020 when Patwari was doing the work of demarcation of the land belonging to the complainant Bhulibai the applicant along with his father and brother came there and started disputing. There was a free fight between the two groups and both the groups sustained injuries which resulted into registration of Crime No.46/2020 against the applicants and others and Crime No.49/20 against complainant Bhulibai and others.

Learned counsel for the applicants submits that initially FIR was registered under section 323, 294, 506 & 34 of the IPC but later on offence under section 326 was added in order to make the case non bailable. So far the role of present applicant No.1 is concerned he caused injury by iron rod (sabbal) to the shoulder of Dilip and so far as applicant No.2 is concerned though he was carrying a pistol but he did not fire from the said pistol. He further submits that X-ray of injured Dilip was done on 04.03.2020 but despite that offence under section 326 was not added initially in the FIR. His statements were recorded on 27.06.2020 in which also he has not disclosed that he sustained the fracture but the police under political pressure has wrongly added the offence punishable under section 326 IPC later on in order to make the case non bailable. The applicants have no past criminal history. A civil dispute is going on between the parties. Vide order dated 16.01.2020 this Court has directed the parties to maintain status quo in first appeal No.69/2020 filed by the the present applicants and suddenly a dispute arose between the parties. The applicants have also lodged an FIR against the complainant persons which is registered at Crime No.49/2020 for the offence punishable under sections 323, 294, 506 & 427/34 of the IPC. The applicants have also sustained injury as there was a free fight between the parties, hence prays for release of the applicants on bail.

Learned Panel Advocate opposes the bail application.

Heard learned counsel for the parties and perused the case diary.

Considering the over all facts and totality of the circumstances of the case and the arguments advanced by learned counsel for the applicants, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail on each of them 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 their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020. C.c as per rules.