Madhya Pradesh High Court
Rambabu vs State Of Madhya Pradesh on 11 September, 2020
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C. No.33476/2020
(Rambabu Vs. State of M.P.)
Gwalior Bench:Dated -11.09.2020
Shri A.K. Barua, learned counsel for the applicant.
Shri R.S. Dhakad, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 30.06.2020, by Police Station- Bahadurpur, District Ashoknagar, in connection with Crime No.129/2020, registered for offence under Section 307, 323, 294, 34 of the IPC.
It is the submission of learned counsel for the applicant that applicant is suffering confinement since 30.06.2020. It is further submitted that family dispute between the brothers converted into registration of this case. In the instant case, allegations against the present applicant are to inflict the Axe blows and from such blows, no grievous injuries have been caused to the complainant's wife Sandhya. In fact Kallu is real brother of applicant and now they have settled the matter inter se.
Counsel for the applicant on behalf of complainant also is undertaking that complainant and accused have settled the matter. Even otherwise, main allegations are over the Rambabu and not over the present applicant. Charge-sheet is likely to be filed. He undertake to cooperate in trial as well as investigation and would HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.33476/2020 (Rambabu Vs. State of M.P.) available as and when required. He would not be a source of embarrassment or harassment to the complainant. He further undertakes to install Arogya Setu App. Under these grounds, prayer for bail has been made.
Learned PL for the State opposed the prayer and prayed for its dismissal.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the submissions of the learned counsel for the parties and in view of COVID-19 pandemic situation, without commenting on the merits of the case, this bail application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court. He further undertake to install Arogya Setu App., if not already installed.
In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicants, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.33476/2020 (Rambabu Vs. State of M.P.) found positive then the applicant shall be immediately sent to concerned hospital for him treatment as per medical norms. If the applicant is fit for release and if he is in a position to make him personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has 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 him in custody and would sent him to the same jail from where he was released.
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 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, HIGH COURT OF MADHYA PRADESH 4 M.Cr.C. No.33476/2020 (Rambabu Vs. State of M.P.) as the case may be;
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/Investigating Officer, as the case may be.
7. The applicant will inform the SHO of concerned police station about his 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. The applicant would not be a source of embarrassment or harassment to the complainant party and he would not commit the offence of same nature in future.
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge Rashid Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, RASHID KHAN st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3985b 5e9940ed42, serialNumber=111cc474a72b078dc9a89f3cb13bb668fd8e0e91beda3cb72 1bbd836d768b09c, cn=RASHID KHAN Date: 2020.09.14 11:20:09 +05'30'