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2020 DIGILAW 892 (MP)

Sanju Yadav v. State Of Madhya Pradesh

2020-09-11

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this second application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. The first application was dismissed as withdrawn on 10.07.2020 vide M.Cr.C. No.21253/2020. 2. The applicant is in jail since 21/05/2020 in connection with Crime No.106/2020, registered at Police Station-Bandri, District Sagar for the offence punishable under Sections 307, 323, 324, 147, 148, 149 of IPC. 3. The case of the prosecution in short, is that, there was a land dispute between the parties. On 15.05.202 a free fight was taken place between the victim party and the applicant party. The applicant along with other co-accused armed with weapons beaten Ramgopal, Kalyan, Rajju, Radhe and Shaitan Yadav. Both parties lodged report against each other. On the basis of report lodged by the victim party, the applicant has been implicated in the case for aforementioned offence. 4. Learned counsel for the applicant submits that the applicant has filed this repeat application on the ground that Babloo Yadav is the main accused, he assaulted Kalyan Yadav victim by means of axe. It is alleged against the applicant that he assaulted victim party by means of wooden stick. It is further submitted that the act of the applicant is similar to the act of other co-accused persons, who have already been granted bail by the trial court. It is further submitted that Co-accused Arvind Yadav has also been granted bail by this Court, therefore on the ground of parity, learned counsel prays that the applicant be enlarged on bail. 5. On the other hand, learned Panel Lawyer for the respondent/State vehemently opposes the bail application and submits that the applicant was very well involved in the incident. 6. Having heard learned counsel for the parties and perused the record. No doubt Babloo Yadav assaulted victim by means of axe and other co-accused persons assaulted by means of lathi and except Babloo Yadav all other co-accused persons have been enlarged on bail. Considering the facts and circumstances of the case, so also the act attributed by the applicant, this Court is now inclined to allow this application. Hence the application is allowed. 7. Considering the facts and circumstances of the case, so also the act attributed by the applicant, this Court is now inclined to allow this application. Hence the application is allowed. 7. It is directed that applicant-Sanju Yadav shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 9. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 10. Certified copy as per rules.