AI Structured Summary
Not yet generated for this judgment
Judgment
G.S. Ahluwalia, J
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.39/2021 registered at Police Station Surpura Distt. Bhind for offence under
Section(s) 452, 294, 323, 336, 506, 34 of IPC.
It is submitted by the Counsel for the applicant, that according to the prosecution case, on 15.06.2021, the complainant was sitting in front of Ramjanki
temple. At that time, the applicant and other co-accused persons came there and scolded that why they are sitting there and they should go back to
the houses. When it was objected by the complainant, then he was abused by the applicant and co-accused persons. Thereafter, the complainant went
to his house and he was chased by the applicant and co-accused persons. They also forcibly entered inside the house and assaulted him by fists and
blows. The applicant had fired a gunshot in the air. As a result, life of the complainant as well as other persons who were present on the spot came in
danger. It is submitted that the allegation of beating is false. Further, the allegations of committing house trespass or firing in the air were made in
order to make the offence non-bailable. The applicant has no criminal history. This Court by order dated 06.07.2021 passed in M.Cr.C.
No.32307/2021 has granted anticipatory bail to the co-accused Shivpratap Singh and another.
Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is fairly conceded
by the counsel for the State that there is nothing in the case diary to indicate the criminal antecedents of the applicant.
Considered the submissions made by the Counsel for the parties through video conferencing.
The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU
W.P. (C) No. 1/2020 has directed all the States to constitute a High Powered Committee to consider the release of prisoners in order to decongest the
prisons. The Supreme Court has observed as under :
“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID
â€" 19).
Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus
within the prisons is controlled.
We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services
Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which
class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory
could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or
less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid,
depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is
charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate.â€
Considering the allegations, as well as considering the fact the deteriorating situation in view of second wave of Covid19 pandemic, and without
commenting on the merits of the case, it is directed that if the applicant appears before the Investigating officer on or before 03.08.2021 and furnishes
his personal bond in the sum of Rs.1,00,000/- (Rs. One Lac) to the satisfaction of the investigating officer, then he shall be released on bail.
The applicant shall also furnish an undertaking that he shall follow all the instructions which may be issued by the Central Govt./State Govt. or Local
Administration (General or Specific) from time to time for combating Covid19.
The other conditions of Section 438 Cr.P.C. shall remain the same.
This order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall
automatically lose its effect.
In case, if the applicant fails to appear before the investigating officer on the specified date, then this order shall lose its effect.
With aforesaid observations, this application is Allowed.