Ratan Ahirwar vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is Second bail application filed by the applicant/accused under Section 439 of the Cr.P.C. for grant of bail who is in custody since 01.10.2020 in

connection with Crime No.172/2020 registered at Police Station Bijawar District Chhatarpur for the offences under Sections 294, 323, 324, 506, 34

and 307 of IPC.

First bail application i.e. M.Cr.C No.44989/2020 was dismissed as withdrawn vide order dated 04.12.2020.

It is alleged that one Laxman Ahirwar, brother of the complainant was abusing his son Ajay. On the basis of aforesaid offence has been registered

against him and he has been arrested.

Learned counsel for the applicants submit that the applicant is innocent and has been falsely implicated. He has not committed any offence. The

applicant has not played any role in the alleged incident. The applicant has caused the complainant/injured by kicks and fists. The injury on the head of

the victim is caused by the son of the present applicant Shivdeen. The applicant is in custody since 01.10.2020 and due to Covid-19 Pandemic, the trial

would take considerable time to conclude. The applicant is permanent resident of the District Chhatarpur and there is no likelihood of absconding or

tampering with the prosecution evidence by the applicant. In view of the aforesaid, prayer is made to enlarge the applicant on regular bail.

Learned counsel for the State has vehemently opposes the prayer for bail.

Heard learned counsel for both the parties and perused the entire material available in the PDF format.

Keeping in view the entire facts and circumstances of the case, nature of allegations and the fact that the allegation of causing injury by means of axe

is against the Shivdeen hence, without commenting on the merits of the matter, the application is allowed. The applicant is directed to be released on

bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one surety bond in the like amount to the satisfaction of

the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of

trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020

and ensure, that the Applicant is examined by the jail doctor before his release. If applicant shows symptoms of COVID 19, the doctor shall forthwith

direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the

opinion that the Applicant is not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about their address and residence in case the applicant moves out from his permanent address for any point of

time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for

cancellation of bail granted today.

Certified Copy on payment of usual charges.