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2020 DIGILAW 1133 (MP)

Neelesh Alias Lallu v. State Of M. P.

2020-10-15

AKHIL KUMAR SRIVASTAVA

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JUDGMENT Akhil Kumar Srivastava, J. - Heard. Perused the case diary. 2. 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. 293/2019 registered at P.S. Saikheda, District - Narsinghpur (M.P.) for the offence punishable under sections 341, 302, 120-B, 323, 506 of IPC. 3. As per the prosecution story, the allegations against the applicant is that he alongwith other co-accused has caused injuries to victim Balwan by means of lathis and iron rod therefore, he died. 4. Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 12/10/2019. It is further submitted that sole eye witness Rajesh has sworn an affidavit in favour of the present applicant and has denied the role of present applicant in the offence. Apart from it the FSL report is also in favour of applicant wherein no human blood found on the articles seized from his possession. Looking to the pandemic situation of covid-19 regular trial is not possible therefore, the affidavit of sole eye witness Rajesh be treated as his evidence. Charge-sheet has been filed. 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. 5. Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application. He verified the affidavit sworn by Rajesh and found it true. 6. Having heard the contentions of learned counsel for both the parties and the affidavit of Rajesh, verified and found the same true by the State and the FSL report filed by the counsel on behalf of the applicant, this application is allowed without commenting anything on the merits of the case. It is ordered that the applicant/accused Neelesh alias Lallu be released on bail on his furnishing a personal bond for the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with two local solvent sureties 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. 7. 1,00,000/- (Rs. One Lakh Only) with two local solvent sureties 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. 7. 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. 8. 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, as the case may be; 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. 9. 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. 10. In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today. 11. Certified Copy on payment of usual charges.