Mangilal vs State Of M.P

Vivek Rusia, J

This is repeat fourth bail application under Section 439, Cr.P.C. for grant of bail filed by the applicant in connection with Crime No.396/2019, Police-

Station- Dehat Biaora, District- Neemuch for the commission of offence committed under Sections 294, 323, 325, 307 and 34 of the IPC.

As per prosecution case, As per the prosecution story, on 31.10.2019, on a complainant of Butibai, Dehati Nalishi was registered to the effect that at

8.30 A.M., her husband Gulab Singh was going to the agricultural filed with animals and behind him, she was going with her daughter. She is having

land dispute with the other villagers namely Chandan Singh, Kanwarlal, Mangilal, Devraj and Sarilal etc. Kanwarlal came with Farsi, Mangilal with

axe and other came with sticks and assaulted them. She shouted then other villagers came to rescue and the accused persons ran away. Her husband

received injury on his hand and other parts of the body. He was taken to the hospital and MLC was prepared and thereafter, FIR was registered

under Crime No.396/2019.

The accused persons have also lodged the FIR against the complainant party under Crime No.399/2019. Except the present applicant, other co-

accused persons have granted bail by the trial Court.

Learned counsel for the applicant submits that first bail application was dismissed on merit vide order dated 07.01.2020 thereafter, two bail application

was dismissed as withdrawn. Now this fourth bail application was filed. After filing this bail application the mother of the applicant Smt. Duli Bai

expired on 04.05.2021 therefore, instead of pressing this bail application on merit the application is seeking temporary bail for a period of 15 days to

perform the last rites of his mother. The application is supported by an affidavit as well as the death certificate given by the younger brother of the

applicant.

Since Covid-19 pandemic situation is going on therefore it would not be proper to release him and sent back the applicant to jail after a period of 15

days. Therefore, looking to the facts but without commenting on the merit of the case, the applicant is granted a temporary bail for a period of six

months from the date of his release. It is directed that the applicant be released on temporary bail on his furnishing a personal bond in the sum of

Rs.40,000/- (Rupees Forty thousand) 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.

The jail authorities are directed that before taking the applicant back in jail the RT-PCR Covid test of the applicant be conducted.

Certified copy as per rules.