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Madhya Pradesh High Court

Sachin @ Indrapal vs The State Of M.P. on 10 November, 2020

Author: Akhil Kumar Srivastava

Bench: Akhil Kumar Srivastava

                                                                      1                             MCRC-41020-2020
                                           The High Court Of Madhya Pradesh
                                                     MCRC-41020-2020
                                                         (SACHIN @ INDRAPAL Vs THE STATE OF M.P.)


                                   Jabalpur, Dated : 10-11-2020
                                         Heard through Video Conferencing.

                                         Ms. Swati A. George, learned counsel for the applicant.

                                         Shri Sunil Rao, learned Panel Lawyer for the respondent/State.

Case diary is available.

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.222/2019 registered at P.S. Rithi, District - Katni (M.P.) for the offence punishable under sections 307, 458, 294 and 506/34 of IPC.

As per the prosecution story, the allegation against the applicant is that he along with co-accused has assaulted the injured by means of axe resulting which he has sustained grievous injuries. Therefore, the offence as aforesaid has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 19.06.2019. It is further submitted that the main allegation of assault by means of axe is against the co-accused Sanju. The only allegation against the applicant is for using filthy language and abusing to injured. Charge-sheet has been filed and looking to the pandemic situation of Covid 19, regular trial of the case is not possible. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.

SAN I have heard the contention advanced by learned counsel for both the Digitally signed by KAFEEL AHMED ANSARI Date: 2020.11.11 10:51:51 IST 2 MCRC-41020-2020 parties and perused the entire material available in the PDF format.

Looking to the facts and circumstances of the case alongwith the statement of witnesses recorded during investigation and the role so attributed to the applicant in commission of offence as also looking to the pandemic situation of Covid 19, this application is allowed without commenting anything on the merits of the case. It is ordered that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No.1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If the Applicant shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

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 Officer, Signature Not Verified SAN as the case may be;

3 MCRC-41020-2020

4. The applicant shall not commit any offence during the entire period of bail.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court;

7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

8. The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy on payment of usual charges.

(AKHIL KUMAR SRIVASTAVA) JUDGE kafeel Signature Not Verified SAN Digitally signed by KAFEEL AHMED ANSARI Date: 2020.11.11 10:51:51 IST