Vipin Singh vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 19.11.2020, in connection with Crime No.299/2020 registered at Police Station Kothi, District Satna (M.P.) for the

offence punishable under Section 294, 323, 324, 327, 506 of IPC.

As per prosecution story, on 13.11.2020 at about 8:30 PM, complainant-Tejbahadur Singh was going to his house accused/applicant met him on the

way. Thereafter, accused/applicant demanded some amount for consuming liquor. When complainant refused, then accused/applicant inflicted injuries

by kicks and fists and also by means of a knife. Complainant-Tejbahadur received simple injury on his neck, then FIR was lodged against the applicant

for the aforesaid offence.

Learned counsel for the applicant submits that applicant is in jail since 19.11.2020. The accused/applicant has been falsely implicated in this case.

Actually, complainant demanded some amount from him. Thereafter, some dispute arose between both the parties, then complainant lodged false

report against the accused/applicant. The accused/applicant is not previously convicted. Charge sheet has been filed in this case. Applicant is bread

earner of his family and if he is kept in custody any further, then future of his family would be spoiled. It is the time of COVID-19 Pandemic, so

further proceedings in the trial Court is withheld and trial will take time in its final disposal. There is no possibility of his absconding or tampering with

the prosecution evidence. Conclusion of trial will take long time. He is ready to furnish bail as per the order, abiding with all conditions imposed by the

Court. O n these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that applicant is not previously convicted,

the nature of injury, the applicant is in jail since 19.11.2020, charge sheet has been filed, it is the time of COVID-19 Pandemic, so further proceedings

in the trial Court is withheld and the trial will take time for final disposal, the applicant is bread earner of his family, there is no probability of his

absconding or tampering with the prosecution evidence and participation of the accused/applicant, it would be appropriate to release the applicant on

bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable.

Consequently, it is hereby allowed.

It is directed that applicant-Vipin Singh be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one

surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the

concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the outbreak of 'Corona

Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction

to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Vi r us disease', necessary steps will be taken by the concerned authority by

placing him in appropriate quarantine facility.

Certified copy as per rules.