Sandeep Patel And Others vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first bail application under Section 439 of Cr.P.C. in connection with Crime No.145/2021, registered at Police Station Mugwani, District

Narsingpur for commission of offences punishable under Sections 294, 323, 324, 326 and 506(B) of IPC.

Prosecution story in brief is that on 29.05.2021 at about 15 p.m., a dispute arose between the complainant Ashok Patel and co-accused Shailendra

Patel for constructing a septic tank. Applicants along with other co-accused persons then abused, threatened and assaulted complainant Ashok Patel

and Sunil Patel with deadly weapon axe/iron rod/lathi, as a result of which Ashok Patel sustained simple injuries and Sunil Patel sustained grievous

injuries.

Learned counsel for the applicant submitted that complainant along with other persons themselves started dispute and assaulted applicants and their

family members, due to which applicant Sandeep sustained grievous injuries while applicant Babulal sustained simple injuries. A counter case bearing

crime No.146/2021 under Section 294, 323, 324, 326 and 506 of IPC has been registered in which all the accused persons (including complainant)

have been enlarged on bail. Complainant party was aggressor and came to the house of applicants and caused injuries to the applicants and their

family members. Applicants are in custody since 12.07.2021. Due to Covid-19 pandemic trial will take time to conclude. It is therefore prayed that the

applicants may be enlarged on bail.

Learned Panel Lawyer for the respondent/State opposes the bail Considering the facts and circumstances of the case, the period of judicial custody of

the applicants, who are in custody since 12.07.2021 and due to out break of Covid-19 pandemic, I am of the considered view that it is a fit case to

release the applicants on bail.

Consequently, the application is allowed. It is directed that the applicants shall be released on bail upon their furnishing a personal bond in the sum of

Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety each in the like amount to the satisfaction of the trial Court. It is directed that the

applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (Covid-19)' the concerned jail authorities are directed to follow the directions/guideline issued by the

Government with regard to 'Covid-19' before releasing the applicants.

This M.Cr.C. stands allowed.

Certified copy as per rules.