Bheru And Others vs State Of Madhya Pradesh Station

Vijay Kumar Shukla, J

This is repeat (second) application under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.753/2021 registered at Police Station -Rajgarh, Dist. Rajgarh (M.P.) under Sections 294, 307, 323, 451, 504, 506, 34 of IPC.

The earlier bail application was dismissed as withdrawn with liberty to revive the application after the charge-sheet is filed.

Counsel for the applicants submits that the charge-sheet has been filed.

It is alleged that the applicants have caused injury to the victim with the help o f lathi. The medical report of the victim does not indicate that he had received any fracture on the skull. No grievous injury has been received by him.

Counsel for the State opposes the prayer for grant of bail.

Considering the nature of injuries received by the victim, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicants- Bheru and Shuklabai shall be released from custody upon furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicants are examined by the jail doctor before his release. If the applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.

It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.