Suresh vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

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

The applicant has been arrested on 21.09.2020 by Police Station Seondha, District Datia (M.P.), in connection with Crime No.170/2020 registered in relation to the offence punishable under Sections 323, 324, 294, 506, 307, 34 of IPC.

Allegation against the applicant and other co-accused persons, in short, is that complainant Dharmendra Singh Chauhan on 20/09/2020, in injured condition, lodged a report at police station concerned to the effect that on 19/09/2020 at about 11.30 PM in the night, he along with Raghvendra Singh Chauhan and Dharmendra Singh Bais was watching T.V., at that time, the co-accused Naresh armed with gun came along with co-accused Sanju Yadav, Pramod Singh Yadav and present applicant Suresh Singh Yadav, who were armed with Axes, and started abusing the complainant filthily, which was objected to by the complainant who also told them to vacate the house. Thereafter, the co-accused Naresh assaulted the complainant Dharmendra Singh Chauhan by means of butt of the gun, while, other the present applicant and other co-accused persons assaulted the complainant, Raghvendra Chauhan and Dharmendra Bais by means of Axe, due to which, the victims received injury on the head and blood started oozing out, Thereafter, the co-accused Naresh called on mobile phone the other co-accused persons from village, upon which co-accused Dinesh Singh, Khem Singh, Kuldeep and Deepu armed with Lathis came on the spot and they all assaulted the victims by means of Axe and Lathi, due to which, the victims received various injuries. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 21.09.2020. Charge sheet has been filed, therefore, no further custodial interrogation is required. The injuries received by the complainant are simple in nature. None of the injured person has received any grievous injury and there is no possibility of escalation of offence to higher counts. Co-accused Naresh has been enlarged on bail vide order dt.24.08.2021 passed in M.Cr.c. No.40360/2021 and the case of the present applicant is on parity. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID-19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Datia (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Public Prosecutor for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for rejection of bail application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic ans with a need to decongest the jail, which are potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, 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 one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

T h e applicant shall also furnish a written undertaking before the concerned court 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 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 tor to the Police Officer, as the case may be;

4 . 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.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.