Madhya Pradesh High Court
Babu vs The State Of Madhya Pradesh on 19 November, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.32085/2020
(Balu Vs. State of M.P.)
Indore : Dated 19.11.2020
Shri R.R.Trivedi, learned counsel for the applicant.
Shri Prakhar Karpe, learned Panel Lawyer for the
respondent/State.
Heard through video conferencing.
Heard on I.A.No.7430/2020, an application for amendment in the cause title.
Considered and allowed.
Let the amendment be incorporated in the cause title during course of the day.
This is first application under Section 439 Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 10.8.2020 in connection with Crime Case No.219/2020 registered at Police Station, Ingoria, District Ujjain for the offence punishable under Section 294, 323, 324, 326, 506/34 of IPC.
As per prosecution story, due to previous enmity co-accused Murli son of present applicant Balu and Ishwar in the evening at 6.30 hours on 12.7.2020 came on the spot. Thereafter, Murli hit the complainant with knife causing injury on his back, whereas the applicant alleged to have slapped the complainant on face. Accordingly, case has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. The sole allegation against him is that he had slapped the complainant. The main allegation is against Murli, who caused injury 5 cm x 7 cm. on back with knife as per MLC report. The applicant has no criminal antecedents. The investigation is complete and challan has been filed. He is not required for custodial investigation. Cue to jail incarceration since 10.8.2020 the family has already suffered social indignation and financial constrains. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of 2 M.Cr.C.No.32085/2020 (Balu Vs. State of M.P.) trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on the ground of parity and on such terms and conditions, this Hon'ble Court deems fit and proper.
Per contra, learned Panel Lawyer opposes the bail application supporting the impugned order with the submission that applicant alongwith co-accused Murli and Ishwar with common intention attacked the complainant, hurled filthy abuses and assaulted him with knife and fists, therefore, the applicant may not be enlarged on bail.
Despite opportunity granted by this Court the criminal antecedents of the applicant have not been made available.
Be that as it may, upon hearing learned counsel for the parties and in the obtaining facts and circumstances, but without touching on merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 10.8.2020, not required for further custodial interrogation, the sole allegation is that of he slapped the complainant and looking to the Covid-19 situation, trial is not likely to conclude early in the near future, he is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:
(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, 3 M.Cr.C.No.32085/2020 (Balu Vs. State of M.P.) physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(ii) the applicant shall mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;
(iv) violation of conditions, State is free to apply for cancellation of bail.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.
e-certified copy as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2020.11.19 15:09:10 +05'30'