Sachin Kaushal vs State Of M. P

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. on behalf of the applicant. The applicant is in custody since 10/09/2020 in connection with

Crime No.382/2020 registered at Police Station â€" Palasiya, District Indore (M.P.) for the offence punishable under Section 324, 323, 294, 506, 34

and 326 of the Indian Penal Code, 1860 read with Section 25 of the Arms Act.

As per prosecution story, the complainant, who is auto driver was attacked by the applicant along with co-accused persons Sunil and Pappu picked up

a fight with complainant at 08:30 PM on 09/09/2020 and started hurling filthy abuses. The accused persons also caused injuries with sword to the

complainant and his daughter causing fracture in ulna bone of her right hand as well as head injuries, which were found to be grievous in nature.

Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. applicant is in jail since

10/09/2020. Investigation is complete and challan has been filed. He is not required for further custodial interrogation. Applicant is the sole bread

earner and because of his jail incarceration, his family is in penury and on the verge of starvation. Besides, looking to the COVID-19 situation, trial is

not likely to conclude early in the near future. Under such circumstances, the applicant deserve to be enlarged on bail on such terms and conditions,

Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer supporting the impugned order opposes the bail application with submission that applicant and co-accused persons

have caused grievous injuries on the body of the complainant and his daughter. Hence, no indulgence is warranted in the instant case.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so

advanced, regard being had to the fact that the applicant is in custody since 10/09/2020, not required for further custodial interrogation. Hence, he is

held entitled for enlargement on bail.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the injury suffered by the complainant,

he is ready to deposit Rs.50,000/- (Rupees Fifty Thousand Only) in the Court below towards medical expenses to the complainant. However, the

aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of the applicant on bail and without prejudice his right of

defence in the pending trial. Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the

fact that the applicant is in jail since 10/09/2020, investigation is complete and charge sheet has been filed, he is not required for custodial interrogation.

Moreso, due to COVID-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that upon

payment of compensation to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) in the Court below towards medical expenses to the complainant,

the applicant be released on bail furnishing personal bond in the sum of Rs.3,00,000/-(Rupees Three Lacs Only) with one solvent surety in the like

amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also

comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his presence on 2nd and 4th Saturday of every month before the concerned Police Station between 10:00 AM to 12:00

noon;

(ii) the applicant shall furnish a written undertaking with his complete residential details that he will abide by the terms and conditions of various

circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of

maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the applicant shall not tamper with the evidence whatsoever in any manner or induce or threat any person acquainted with the acts of the case;

(iv) the applicant shall cooperate during trial and will not seek unnecessary adjournments during trial;

(v) the applicant shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the

jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/

quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in

this order and shall also be given pass or permit for movement to reach his place of residence.

In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

However, it is made clear that the observation made on facts herein above are only for the purposes of deciding the instant bail application and shall

have no bearing on the pending trail, in any manner, whatsoever and the deposit of Rs.50,000/- towards compensation shall not cause any prejudice to

the applicant in any manner in the pending trial and is only for the purpose of disposal of this bail application.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.