Ramesh Singh Parihar vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

Heard on IA No. 16992/2021, an application under Section 301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed and Shri Pradeep Katare, learned counsel for the complainant and his associate is

permitted to assist the prosecution.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this third application under section 439 of the Cr.P.C. for grant of bail. Earlier two applications were dismissed as withdrawn

vide orders dt.24.02.2021 and 05.05.2021 passed in M.Cr.C.No.7735/2021 and 21714/2021 respectively.

The applicant has been arrested on 09.01.2021 by Police Station Gohad, District Bhind in connection with crime No.359/2020 registered for the

offence punishable under Sections 323, 294, 506, 34, 326 and 324 of IPC.

The prosecution story, in short, is that on 22.11.2020, the complainant Ramdatt Sharma alongwith his younger brother Naresh Sharma lodged a report

that on 22.11.2020 at about 11.30 a.m. when he was on his agricultural field, at that time the present applicant, co accused Surendra Parihar, Devdatt

Parihar, Pramod Parihar abused him filthily and when he stopped them, then present applicant and Surendra assaulted him by lathi, which caused

injury on his right hand near elbow and blood started oozing and also caused other injuries on his body. When his brother Naresh Sharma came to save

him, then co-accused Devdatt and Pramod Parihar have beaten him which caused various injuries on his body. On the basis of aforesaid, the applicant

has been implicated in the present case.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 09.01.2021. Charge sheet has

been filed and no further custodial interrogation is required in the matter. There is no chance of escalation of the offence to the higher count. The

applicant is only earning member of the family. He has three daughters and one son and there is no one in the family to look after them. Due to

previous enmity, false case has been registered against him. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in

already congested prison may be detrimental. Trial is also held due to COVID-19 and its conclusion in near future is not possible. He is permanent

resident of District Bhind. There is no likelihood of his absconsion, if released on bail. 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 Public Prosecutor appearing for the respondent/State assisted by the learned counsel for the complainant opposed the application and prays

for its rejection by contending that on the basis of the allegations and 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 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 solvent surety in the like amount to the satisfaction of the

trial Court/committal Court for her appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking

before the concerned court that she 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.