Madhya Pradesh High Court
Gopal Adiwasi vs The State Of Madhya Pradesh on 28 June, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.31356/2021
(Gopal Adiwasi Vs. State of Madhya Pradesh)
(1)
Gwalior, dated :28.06.2021
Heard through Video Conferencing.
Shri Purushottam Rai, Advocate for the applicant.
Shri K.S. Tomar, Public Prosecutor for the respondent/State.
Heard learned counsel for the parties.
Case diary perused.
The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested on 19.11.2020 by Police Station - Piprai, District Ashok Nagar (M.P.) in connection with Crime No.230/2020 registered in relation to the offence punishable under Sections 307, 323, 294, 506, 336, 325, 34 of IPC.
Allegation against the applicant and other co-accused persons in short, is that on 01.10.2020, an altercation took place between the complainant and accused persons. All of them abused filthily and threw stones on the complainant. Thereafter, applicant alongwith co- accused persons came armed with Lathi and iron rod on the spot. Co- accused Lal Singh beat the complainant with iron rod. Co-accused Tofan also beat Mukesh with iron rod on the head, due to which he received injuries on the head. When the complainant Rajkumari tried to save Shishupal, at that time present applicant- Gopal Adiwasi inflicted injury with iron rod, which hit on her forehead and right cheek, therefore, blood started oozing out. Co-accused Jeevan Aadiwasi inflicted injury on Premabai with iron rod, which hit on HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.31356/2021 (Gopal Adiwasi Vs. State of Madhya Pradesh) (2) her forehead. Co-accused Shivraj Aadiwasi beat Phool Singh with the Lathi. All of them collectively threw stones, due to which Kishori and other persons received injuries. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 19.11.2020. Charge sheet has been filed and therefore, no further custodial interrogation is required. Injuries received by the injured are simple in nature and not dangerous to life. There are no chances of escalation of the offence to the higher count. Co-accused Jeevan has already been enlarged on bail by this Court vide order dated 17.06.2021 passed in M.Cr.C. No.29871/2021 and the case of the present applicant is identical to that of the co-accused Jeevan. Disposal of the matter will take long time. It is further submitted that trial is held up due to COVID-19 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further 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 Ashok Nagar (M.P.) 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 Public Prosecutor for the State opposed the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.31356/2021 (Gopal Adiwasi Vs. State of Madhya Pradesh) (3) 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 and prays for rejection of bail application.
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 so also considering the fact that in view of second wave of COVID-19 pandemic and with a need to decongest the jail, which are the potential hot spots for spread of infection, 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 namely - Gopal Adiwasi be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local 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, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.31356/2021 (Gopal Adiwasi Vs. State of Madhya Pradesh) (4) 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.
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 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.
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.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(S.A.Dharmadhikari) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.06.28 19:13:32 +05'30'