Arvind Patel vs State Of M.P.

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

The petitioner is in custody since 29.04.2020 in connection with Crime No.16/2020 registered at P.S.-Rajnagar, District-Chhatarpur (M.P.) for the offence punishable under Sections 294 and 302/34 of IPC along with Sections 25 and 27 of Arms Act.

Prosecution story in short is that on 31.01.2020, the petitioner-accused and co-accused abused filthy language to Mangal Patel. They inflicted injury. Co-accused Rajesh Patel fired from Katta on him. Mangal Patel received grievous injury. Complainant Swamideen tried to save his brother Mangal Patel but petitioner-accused and co-accused threatened him. Due to grievous injury, Mangal Patel died. Thus, the petitioner-accused and co-accused committed murder of deceased Mangal Patel. Therefore, FIR was registered against the petitioner for the aforesaid offences.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. No specific role is attributed against him in this incident. When the complainant has implicated him falsely, he lodged a complaint to the SP Chhatarpur. Matter was inquired and it is found that petitioner has been falsely implicated in this case. Incharge of Police Station-Rajnagar submitted report in this regard Ex.P/3 so there is no role of the present petitioner-accused in this incident. Learned counsel for the petitioner further submits that co-accused namely Kailash Patel and Halkai have already granted bail by this Court vide order dated 24.08.2020 and 31.07.2020 passed in M.Cr.C. Nos. 27410/2020 and 22041/2020 respectively and the case of the present applicant is similar to them. Charge sheet has been filed. The petitioner is in jail since 29.04.2020. It is time of Covid-19 and due to this, trial would take time to conclude. There is no probability of his absconding and tampering with the evidence. On these grounds, learned counsel prays for grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

Considering the contention of both the parties and the fact that Incharge of Police Station inquired the matter and it is found that the present petitioner-accused has been falsely implicated in this case, he has no criminal antecedent. Co-accused namely Kailash Patel and Halkai have already been enlarged on bail. Charge sheet has been filed, he is in jail since 29.04.2020, there is no probability of his absconding or tampering with the prosecution evidence, the trial will take long time for final disposal due to outbreak of pandemic COVID-19, it would be appropriate to release the petitioner on bail, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Arvind Patel be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the petitioner 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 petitioner 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 motto 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 petitioner by the jail doctor before his release.

2 . The petitioner 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 petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing his in appropriate quarantine facility.

Certified copy as per rules.