Vikas Bairagi @ Vikky vs State Of Madhya Pradesh

Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 12.6.2020 in connection with Crime No.268/2020, registered at Police Station-Gwarighat, District-Jabalpur for offence under Sections 341, 302, 120-B, 147, 148 read with Section 34 of IPC and Section 25 of Arms Act.

The case of the prosecution, in short, is that, the applicant along with other co-accused persons namely Deepak Jhariya, Akash Jhariya, Ajay Jhariya and Mohit Gupta assaulted the victim. When Pushpa, wife of the deceased, reached the spot, she saw the whole incident and immediately lodged a report at Police Station-Gwarighat, District-Jabalpur. After registering the case, the police investigated the matter and on the basis of memorandum of other co-accused persons, implicated the applicant in the case and seized some incriminating evidence at the instance of the applicant and after completion of investigation, filed the charge-sheet.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. Eye-witness Pushpa, who saw the whole incident, immediately lodged the report regarding the incident at the police station, in which she has categorically mentioned names of Deepak Jhariya, Akash Jhariya, Ajay Jhariya and Mohit Gupta but, name of the present applicant has not been mentioned in the FIR. Eye-witness Pushpa, in her statement recorded under Section 161 of the Cr.P.C., has also not stated about the presence of the present applicant at the spot. The applicant has been falsely implicated in the case only on the basis of information provided by other co- accused persons to the police in their memorandum. No case is made out against the applicant. It is further submitted that the applicant is in jail since 12.6.2020 and trial will take considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail.

On the other hand, learned counsel appearing for the objector has vehemently opposed the application. He submits that no doubt name of the applicant is not mentioned in the FIR but incriminating evidences have been collected at the instance of the applicant. Prima facie case is made out against the applicant, therefore, it is prayed that this application be dismissed.

Learned Panel Lawyer for the respondent/State has also opposed the application. He submits that though name of the applicant was not mentioned in the FIR but blood stained clothes and other incriminating evidences were seized from the possession of the applicant, therefore, it is prayed that this application be dismissed.

Having heard the learned counsel for the parties and on a perusal of the FIR and statement of Pushpa, wife of the deceased, recorded under Section 164 of the Cr.P.C., who is claimed to be an eye-witness and who has lodged the FIR of the incident, she has not stated anything about the presence of the applicant at the spot and she has also not mentioned his name in the FIR, whereas she has categorically mentioned names of other co-accused persons Deepak Jhariya, Akash Jhariya, Ajay Jhariya and Mohit Gupta in the FIR. Name of the present applicant does not find place in the FIR or in the statement of Pushpa recorded under Section 161 of the Cr.P.C. When the police interrogated other co-accused persons, they mentioned the name of the applicant. On the basis of information provided by other co-accused persons in their memorandum, the police proceeded further against the applicant and seized blood stained clothes at the instance of the applicant but blood group of the same has not been examined.

In view of the aforesaid, considering the aforementioned facts and circumstances of the case and the fact that charge-sheet has been filed and also looking to the present situation of widespread of Novel Corona Virus (Covid-19), without commenting on the merits of the case, this Court is inclined to release the applicant on bail.

It is directed that applicant Vikas Bairagi @ Vikky shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.