Suresh Banjara And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicants have filed this first application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 28/8/2021 by Police Station Panihar, Distt. Gwalior (M.P.) in connection with Crime No.72/2021 registered for offence under Sections 307, 325, 324, 323, 294, 506, 34 of the IPC.

It is submitted by learned counsel for the applicants- Suresh Banjara and Khaggu Banjara that the applicants have not committed any offence. They have falsely been implicated in this case. It is further submitted that the applicant are not the main accused of the case rather there is no evidence against the present applicants. Prosecution story itself reflects that after commission of incident, the applicants are reached on the place of incident and the allegations made against them are of causing injuries by means of lathi. Initially the case was registered under Sections 307, 325, 324, 323, 294 and 506 thereafter, Section 307 of IPC has been enhanced. It is further submitted that no case is made out against the present applicants as there is no injury over the head of the victim by means of lathi. Trial will take its own time. It is further submitted that in case of grant of bail the applicants are ready and willing to deposit a sum of Rs.2,000/- each with the Registry of this Court which shall be utilized by the Civil Dispensary functioning in the High Court premises to prevent the spread of COVID-19 pandemic. Hence, prays for grant of bail to the present applicants. They further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the submissions and have submitted that the case is registered under Sections 307, 325, 324, 323, 294 and 506 of the IPC wherein head injury has been caused by the accused. In case of grant of bail, prosecution witnesses will be adversely affected. Hence, prayed to reject this application filed for grant of bail to the applicants.

Heard learned counsel for the parties at length and perused the case diary and documents available on record.

Considering the facts and circumstances of the present case along-with the fact that the present applicants are not the main accused of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on each of them furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Court concerned for their regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicants to their house, and if their test is found positive then the applicants shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the applicants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicants have violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where he were released.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

5 . The applicants will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

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

The applicants will inform the SHO of concerned police station about their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

8 . As submitted by learned counsel for the applicants above, the applicants are directed to deposit Rs.2,000/-(Rs. Two Thousand Only) each each with the Registry of this Court which shall be utilized by the Civil Dispensary functioning in the High Court premises to prevent the spread of COVID-19 infection.

Application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.