AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties through video conferencing.
This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.820/2019 registered at police station Kothwali, district Dewas for the offence punishable under sections 307, 324, 294 of the IPC and under section 25 of the Arms Act. The first application was dismissed as withdrawn on 05.02.2020 in MCRC no.3890/2020.
As per prosecution case on 19.10.2019 a dispute arose because of some matter between the applicant and the complainant who are real brothers and the applicant is said to have caused the sword injury to the complainant. Looking to the injury sustained by the complainant police has registered an FIR for the offence punishable under sections 307, 324 & 294 of the IPC and under section 25 of the Arms Act.
Learned counsel for the applicant submits that the accused and the complainant are real brothers and the alleged incident occurred on the spur of the moment due to some minor family dispute. Now with the intervention of the elders in the family the dispute has been resolved between the parties and an application under section 320 Cr.P.C along with an affidavit has been filed for compromise. The investigation is complete and charge sheet has been filed. He is in custody since 30.12.2019. There is no progress in trial due to Corona epidemic, hence prays for release of the applicant on bail during trial.
Learned Panel Advocate opposes the bail application.
Learned counsel appearing for the complainant submits that he has no objection if the applicant is released on bail. He has also denied the allegation that the applicant has caused injury to the complainant.
Heard learned counsel for the parties and perused the case diary.
Considering the over all facts and totality of the circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application filed by the applicant is allowed. He is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) 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.
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.
C.c as per rules