Umesh Kushwah vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 03/4/2021 in connection with Crime No.54/2021 registered at Police Station Bagchini, District Morena for offence under Sections 304, 323, 506, 336 and 34 of IPC.

It is submitted by learned counsel for applicant Umesh Kushwah that the applicant has been falsely implicated. He has not committed any offence. During trial, Babulal Kushwah (PW-1), Akhilesh Kushwah (PW-2), Vikash Kushwah (PW-3), Antram Kushwah (PW-4) and Rajesh Kushwah (PW-5) have been examined. They have not supported the prosecution case and have turned hostile. It is further submitted that the applicant is in custody since last almost 6 months. 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 prayed to reject the same.

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

Considering the custody period of the applicant i.e. around 6 months as well as the facts that five prosecution witnesses have not supported the prosecution case and have turned hostile, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the dates given by the concerned Court.

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;

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;

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

6 . 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.