Satendra Singh vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is fifth application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 30/8/2019 in connection with Crime No.175/2019 registered at Police Station Porsa, District Morena for offence under Sections 307, 34, 302, 325, 342 and 294 of IPC and Section 25/27 of Arms Act.

It is submitted by learned counsel for applicant Satendra Singh that this is fifth bail application of the applicant. First, third and fourth bail applications of the applicant were dismissed as withdrawn whereas second bail application was dismissed on merits on 26/12/2019. Present applicant is not the main accused of this case. Jeetu Bhadoria is the main accused against whom allegation is of causing gunshot injury due to which the deceased died. Allegations against the present applicant is of only causing injury on the head by butt of the pistol. There is no allegation of causing gunshot injury to the deceased or anybody against the present applicant. It is further submitted that the applicant is in custody since last more than two years. Investigation is complete and chargesheet has been filed. Trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that there was prominent role of the present applicant who caused injury to the victim of this case and also fired gunshot which shows common intention of the present applicant with the other co-accused persons. It is further submitted that there is a criminal history of three cases against the present applicant. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the further custody period of the applicant after rejection of 2nd bail application on merits on 26/12/2019 as well as the fact that he is not the main accused of this case, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his/her house, and if the test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence of which he is accused;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.