Madhya Pradesh High Court
Nitin Yadav vs The State Of Madhya Pradesh on 10 November, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-47299-2021
The High Court Of Madhya Pradesh
MCRC No. 47299 of 2021
(NITIN YADAV Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 10-11-2021
Shri K.N. Soni, learned counsel for the applicant.
Ms. Seema Jaiswal, Panel Lawyer, for the respondent-State.
Shri Manish Kumar Meshram, learned counsel for the objector. This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 13.08.2021, in connection with Crime No.108/2021, registered at Police Station Roopjhar, District Balaghat (M.P.) for the offence punishable under Sections 294, 394, 397, 307/34 of I.P.C.
As per prosecution story, on 12.07.2021, complainant/Mahesh Neware, present applicant/accused and co-accused were going by Motorcycle baring registration No. MP-50-MA-3295 to give the order of flex. On the way, they stayed at Dhaba fo dinner. Thereafter, they were again going together by said vehicle. Thereafter, applicant/accused and co-accused demanded Rs. one thousand from the complainant. When complainant refused then applicant/accused and co-accused inflicted injury by stone and stick to the complainant. Complainant received grievous injury which is dangerous to life. Thereafter, applicant/accused and co-accused snatched Adhar Card, Voter I.D. , Pen Card and Rs. one thousand from the complainant.
Learned counsel for the accused/applicant submits that applicant has been falsely implicated in this case. Actually, applicant/accused, co-accused and complainant were friends. At the time of incident, they were in drunk condition and were going together then some dispute arose between both the parties. Thereafter, fight started between each other. So no case is made out under Section 397 of I.P.C. Complainant is examined by doctor but doctor did not opine that received injury is dangerous to life. So no case is made out under Section 307 of I.P.C. Accused/applicant is in custody since 13.08.2021. Charge sheet has been filed. Applicant is bread earner of his family and if he will kept in custody for an unlimited period, then future of his family would be spoiled. Conclusion of trial will take time. There is no possibility of his absconding or tampering with the prosecution evidence. Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for the respondent-State opposes the Signature Not Verified SAN bail application of the applicant.
Digitally signed by ROSHNI SINGH PATEL Date: 2021.11.11 17:33:48 IST2 MCRC-47299-2021 Learned counsel for the objector submits that complainant has received grievous injury which is dangerous to life, therefore he is not entitled for grant bail to the applicant/accused.
After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that applicant/accused, co-accused and complainant are friends, at the time of incident, applicant/accused, co- accused and complainant were going together by Motorcycle baring registration No. MP-50-MA-3295, complainant is examined by doctor but doctor did not opine that received injury is dangerous to life, the applicant is in jail since 13.08.2021, charge sheet has been filed, applicant is bread earner of his family, conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the accused/applicant in jail during whole trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Nitin Yadav be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lac) with two solvent sureties of Rs.50,000/- (Rupees Fifty Thousand) each, to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
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;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the Signature Not Verified SAN applicant shall also comply the rules and norms of social distancing.
Digitally signed by ROSHNI SINGH PATEL Date: 2021.11.11 17:33:48 IST3 MCRC-47299-2021 Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.11.11 17:33:48 IST