Ravindra Singh Yadav vs State Of MP

S.A. Dharmadhikari, J

I.A No. 8327/2021, an application under section 301 (2) of Cr.P.C. for assisting learned State counsel is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel for the complainant is permitted to assist learned State counsel during final hearing.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Civil Lines, District Morena in connection with crime No. 466/2020 registered for the offence punishable under Section 302, 34 of IPC and section 25, 27 of Arms Act.

Allegation against the applicant and other co-accused persons in short are that some altercation took place between the complainant and applicant on demanding money of Rs. 5 Lakhs, which were taken by the complainant earlier, out of which, Rs. 2.5 Lakhs was returned and the remaining amount was to be paid on 19/07/2020. During altercation, co-accused Devendra @ Ballu fired gun shot by means of Katta, which hit to the victim Atar Singh Yadav, who was taken to the hospital and was declared brought dead. On the basis of aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant aged 29 years has been falsely implicated in the case. The name of the applicant was not mentioned in the FIR. The eye-witness Rustom Yadav and Rajni had seen the incident and the statement of Rustom Yadav was recorded on 01/08/2020 and the statement of Rajni was recorded on 24/08/2020, in which, they had implicated the applicant, which appears to be afterthought. Nothing has been recovered from the possession of the applicant. It is further submitted that investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may not be necessary. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of District Morena. The applicant is in custody since 28/12/2020. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Learned counsel for the complainant opposed the application on the ground that all the four accused persons including the applicant had actively participated in commission of the crime since all of them came with common intention to recovery the outstanding money from the complainant and thereafter, committed the offence. In such circumstances, it is prayed that bail may not be granted to the applicant.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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 two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court .

The applicant shall also furnish a written undertaking that he 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 shall install Aarogya Setu App (if not already installed) in his mobile phone.

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 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.

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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.