Raghuveer vs State Of M.P

Sheel Nagu, J

This is second bail application u/S.439 CrPC filed by the petitioner for grant of bail after rejection of earlier one since it was dismissed as withdrawn

after arguing for a while vide order dated 17/05/2021 passed in M.Cr.C.No.24296/2021 with liberty to come again after conclusion of investigation

The petitioner has been arrested on 16/04/2021 by Police Station Mragwas, Guna in connection with Crime No.34/2021 registered in relation to the

offence punishable under Sections 326, 324, 323, 294, 506, 427 r/w Section 34 of IPC.

Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

The allegation against petitioner is of wielding an axe and causing injury to the injured. In MLC of the injured in respect of which there is specific

allegation against petitioner of assault has not sustained any incised injury. However, there is also omnibus allegation against petitioner causing injury to

other injured who has sustained an incised injury.

It is pointed out by learned counsel for petitioner that investigation in the matter is over by filing of charge-sheet and therefore, further custodial

interrogation is no more required.

In view of above, and that looking to special circumstances of ongoing Covid-19 pandemic with further facts that early conclusion of the trial is a bleak

possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility

of petitioner fleeing from justice, this Court is though inclined to extend the benefit of bail to the petitioner but with certain stringent conditions:

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the

concerned available Magistrate.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the trial;

The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trials;

The petitioner will not leave India without previous permission of the concerned available Magistrate/Investigating Officer, as the case may be;

The learned concerned available Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed

from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during

period of bail as a consequence of this order.

A copy of this order be sent to the court below for information.

C.c as per rules.