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Judgment
Vivek Rusia, J
This is third bail application filed under Section 439 of Cr.P.C by the applicant who is in custody since 13.05.2020 in connection with Crime
No.108/2020 registered at Police Station Maksi, District Shajapur for the offence punishable under Sections 307, 188, 332, 148, 147, 353 & 186 of the
I.P.C. The first and second applications were dismissed on 30.06.2020 passed in M.CR.C.No.19843/2020 and 16.09.2020 in MCRC no.28945/2020
respectively.
As per prosecution story, during lockdown period on 13.05.2020 the free fight was going on between two groups. ASI Rameshwar Patel S/o Shriram
Patel was on duty. He reached to the spot in order to stop the fight but he was attacked by the Babri community to whom this applicant belongs. He
sustained as many as five injuries. Initially the FIR was registered under Section 353, 147, 148 , 332,186, 188, 363, 149/34 of I.P.C. Since the
Rameshwar Patel sustained head injury, therefore, section 307 of I.P.C.has also been added.
Learned counsel for the applicant submits that as per allegation the applicant caused the injury by means of Lathi on the head of the ASI, but as per
the MLC report all the injuries are simple in nature and as per the X-ray report there is no bony injury, therefore, section 307 of I.P.C. is not made out.
He has placed reliance upon the judgment passed by this Court in the case of Madhav Singh Vs. State of M.P. 2016 (3) MPWN 203, in which it has
been held that the Lathi cannot be termed as weapon or instrument likely to cause death, therefore, at the most injury caused by the lathi, offence
under Section 325 of I.P.C. is made out. It is further submitted that the applicant is in jail since 13.05.2020. Investigation has been completed but
charges have not been framed since last six months, therefore, he may be enlarged on bail. On the point of repeat application, it is submitted that this
Court has held in the case of Mohan Raikwar vs. State of M.P reported in 1999 (2) MPLJ 663 that repeat bail application is maintainable even if there
is no substantial change in the circumstances. He has also placed reliance upon the latest Supreme Court Judgment passed in the case of Jeetendra
vs. State of Madhya Pradesh and Ors (2020) 12 SCC 536. The applicant is a youth aged about 26 years and he is not having any criminal case. He
has suffered sufficient incarceration in jail and further detention in jail with hard criminals may adversely affect his mind. The applicant's parties have
also lodged an FIR against the opposite party, which is registered at crime No.106/2020 for the offence punishable under Section 232, 294, 506, 188/34
of I.P.C. and Section 3 (2) (va) of SC/ST (PA) 1989 and they have been enlarged on bail.
Learned Panel Lawyer opposes the bail application by submitting that the applicant has caused the injuries to the ASI, while he was on duty. He was
suffered the head injury, therefore, applicant is not entitled for grant of bail.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the
merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of the trial Court for his
regular appearance before the trial Court during trial 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) Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-
19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.