Madhya Pradesh High Court
Kalla vs The State Of Madhya Pradesh on 22 April, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.19092/2021
( Kalla Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 22.04.2021
Heard through video conferencing.
Shri Girish Kumar, learned counsel for the applicant.
Shri Neeraj Dhamanya, learned Panel Lawyer for the
respondent/State.
I.A. No.11043/2021, an application for urgent hearing is considered and allowed.
Heard learned counsel for the parties.
Case diary perused.
The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dt.03.02.201 passed in M.Cr.C.No.5290/2021.
The applicant has been arrested on 29.12.2020 by Police Station- Aron, District Guna (M.P.) in connection with Crime No.551/2020 registered in relation to the offence punishable under Sections 307 and 34 of IPC.
The allegation against the applicant and other co-accused , in short, is that on 15.08.2020 at about 8-9 p.m., some altercation took place with regard to return of the centering material, at that time, co- present applicant Kalla threw kerosene oil on the complainant whereas the co-accused Mangilal lit him with match box. On the basis of aforesaid, crime has been registered against the applicant.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.19092/2021 ( Kalla Vs. The State of Madhya Pradesh ) (2) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 29.12.2020. Charge sheet has been filed. No further custodial interrogation is required. The court statements of the prosecution witnesses have been recorded in which P.W.1 to P.W.3 including the complainant as well as eye witnesses have turned hostile and not supported the prosecution story. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is also submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is a permanent resident of District Guna and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.
Learned Panel Lawyer for the State opposed the application by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is also submitted that in the dying declaration, the complainant had specifically taken the name of the present applicant and the complainant has suffered 40% burn injuries. On such grounds, he prays for rejection of the bail application.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.19092/2021 ( Kalla Vs. The State of Madhya Pradesh ) (3) However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant 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 trial Court/committal Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.19092/2021 ( Kalla Vs. The State of Madhya Pradesh ) (4)
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. 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.
A copy of this order be sent to the Court concerned for compliance.
Certified copy/E-copy as per rules.
(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.04.22 17:18:56 +05'30'