Vijay Singh Tomar vs State Of M.P.

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

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

The applicant has been arrested on 30/08/2020 by Police Station Ambah District Morena (M.P.), in connection with Crime No.296/2020 registered in relation to the offence punishable under sections 323, 294, 324, 506-B and added Section 326 of the IPC.

Allegation against the applicant and co-accused in short is that on 07/06/2020 at about 6.00 pm some altercation took place due to which they started abusing the complainant filthy and when stopped, co-accused Sonu inflicted the injuries by axe which hit on the right ear and co-accused Ankit beaten with axe which hit on the right hand whereas present applicant had beaten with the Lathi due to which they received simple injuries. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that applicant has falsely been implicated in he matter and he is in custody since 30/08/2020. It is submitted that investigation is complete and no further custodial interrogation is required in the matter. The allegation on the applicant is of beating by Lathi due to which only simple injuries have been received by the complainant, as such offence under Section 326 of the IPC is not made out against the applicant. It is further submitted that applicant's mother is aged 85 years and there is no one to look after in the family. It is further submitted that trial is held up due to COVID-2019 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. He is permanent resident of Gram Nakhati Ambah District Morena (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.

Learned Panel Lawyer 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.

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 trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, 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 a 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. The 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 shall install Aarogya Setu App (if not already installed) in his mobile phone.

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 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.

Learned Panel Lawyer 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.