Shakti Singh vs State Of M.P.

This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The first application was dismissed as withdrawn by this Court vide order dated10.08.2020 passed in M.Cr.C. No. 25325/2020.

The applicant is in custody since 02.07.2020 in connection with Crime No. 605/2020 registered at P.S. Jahangirabad District Bhopal for the offences punishable under Sections mentioned therein.

The allegation against the present applicant is that he along with the other co-accused assaulted the complainant on his occipital region with a sharp edged weapon.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case. He further submits that the incident took place on 2.7.2020 and on the same day 161 Cr.P.C. statement of the victim/complainant was recorded wherein he stated that Anand caused the injury on his head by sword and the present applicant along with other co-accused were also present. Later on in his statement recorded in the hospital during his treatment, he made an omnibus allegation against all the co-accused persons. It is submitted that the main accused Anand who has been named in the 161 statement by the victim/complainant has already been enlarged on bail by the trail Court. It is submitted that the present applicant may also be released on bail.

On the other hand, learned Panel Lawyer has vehemently opposed the bail application and prayed for rejection of the same. It is submitted that as per the MLC report, the incised wound was found on the occipital region and a knife has been seized from the present applicant. However, he fairly submits that there is no criminal antecedent against the present applicant.

Considering the case diary statements and the seizure, it is seen that initially the allegation was made against one Anand, who has already been enlarged on bail by the trial Court. Later on an ominbus allegation has been made against all the co-accused. Considering that there is no criminal antecedents against the present applicant, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.

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

"1. The applicant will comply with all the terms and conditions of the bond executed by him.

The applicants will cooperate in the investigation/trial, as the case may be;

The applicant 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/them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The learned concerned 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 applicant during period of bail as a consequence of this order."

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Anand Nayak learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

Certified copy/e-copy as per rules.