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Judgment
Vivek Rusia, J
This is first bail application filed by the applicant who is in custody since 18.02.2021 in connection with Crime No.52/2021 registered at police station
Aerodrum District- Indore for the offence punishable under sections 324, 326 and 294 of the IPC.
As per prosecution case, there was a scuffle between two labours standing in a labour shop. This applicant said to have caused injury by iron foil used
in the work of putti on the nose and forehead of the injured-Lakhan Shrivastava. Initially FIR was registered under Sections 324 and 294 of the IPC
and this applicant was not arrested but later on, on the basis of query report section 326 of the IPC was added and this applicant was arrested on
18.02.2021.
Learned counsel for the applicant has submits that the investigation is complete and challan has been filed. The applicant is not habitual offender. No
further custodial interrogation is required. Admittedly, applicant and the injured both are labours. Long custody of this applicant may affect the survival
of his family.
Learned Panel lawyer appearing for the respondent/State opposes the prayer.
Considering the facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the applicant on
bail. Accordingly, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that
Court during the pendency of trial.
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.