Suresh Gurjar vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 11.09.2020 by Police Station Kolaras, District Shivpuri in connection with Crime No.244/2020 registered for offence under Sections 307, 326, 451, 323, 294, 506 and 34 of IPC.

It is the submission of counsel for the applicant that false case has been registered against him and he is suffering confinement since 11.09.2020 on false pretext. It is further submitted that only role attributable over the applicant is to inflict lathi blow to the victim over his hands and no fatal injury has been caused by him. Even otherwise, he learnt the lesson hard way and would mend his ways and would become a better citizen. Applicant does not bear any criminal record. Cross case has also been registered at the instance of present applicant party.

He undertakes to cooperate in the trial and would not be source of embarrassment or harassment to the complainant party. Under these grounds, he prayed for grant of bail to the applicant.

Counsel for the State opposed the prayer and prayed for dismissal of application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the fact of the case and in view of the Covid-19 pandemic situation cumulatively, this Court is of the opinion that without commenting on the merits of the case, application is allowed and applicant shall be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms but if he is found negative, then he shall be released. After release, 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 Covid-19.

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 or to the Police Officer, as the case may be;

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

The applicant shall regular appear in the trial Court and shall 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.

The applicant will inform the SHO of concerned police station about his 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.

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

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