Trilok Pal vs State Of MP

S.A. Dharmadhikari, J

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

Applicant has been arrested by Police Station â€" Joura, District Morena (M.P.) in connection with Crime No. 07/2021 for the offences punishable

under Sections 323, 324, 294, 506-B and 326 of IPC

The allegation against the applicant and other co-accused persons, in short, is that on 26.12.2020 at about 8.30 A.M. when the complainant was going

towards his farm, present applicant along with co-accused Rajveer, Kalia, and Kalicharan caught hold him and thereafter, co-accused Rajveer

inflicted injury by means of Axe, due to which, index finger of the complainant has been amputated. Allegation against the present applicant is of

inflicting injury to the victim by means of lathi,, due to which, the victim has received abrasion. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant aged 45 years has falsely been implicated in the case due to previous enmity, wherein,

applicant son had died and the complainant is an accused in that case. The allegation of imputation of index finger of the complainant is on the co-

accused Rajveer, therefore, offence punishable under section 326 of IPC is not made out against the present applicant. Rest of the offences are

bailable in nature. The applicant has not committed the alleged offence and he has no criminal antecedents. He is innocent and not involved directly or

indirectly in commission of said offence. Even in view of averments of FIR, no alleged offence is made out against the applicant. Learned counsel

further submits that investigation is nearing completion and further custodial interrogation of the applicant may not be required. 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 in jail since

22/01/2021 and he is a permanent resident of District-Morena. There is no possibility of his absconding or tampering with the evidence. The applicant

is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned State counsel opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available

on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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 two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court. The applicant shall also furnish

a written undertaking 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 :-

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

He 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;

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

He will not seek unnecessary adjournments during the trial;

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

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

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

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