JUDGMENT Rajendra Kumar Verma, J. - This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail. The applicant is facing trial in connection with Crime No.105/2022, registered at Police Station Maingaon District Khargone for the offence punishable under Sections 294, 323, 324, 506/34, 325 and 307of IPC. The applicant is in custody since 09.03.2022. as per the prosecution story, the allegation against the applicant is that he alongwith other co-accused persons has assaulted and caused injuries to the complainant abusing him in filthy language, hence, the police has registered the case against the applicant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the applicant, there is no allegations against the applicant for causing injury to the injured, co-accused Bhagwati Bai has already been granted bail by the Sessions Court, the present case has been foisted falsely and is counter blast of the complaint lodged by co-accused Bhagwatibai on the same police station against the complainant of this case which is registered as Crime No.104/2022. The applicant is in custody since 09.03.2022.. There is no criminal antecedents against the applicant. Charge-sheet has been filed. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail. Learned Government advocate has opposed the application by submitting that their are serious allegations against the applicant to assault the complainant, hence, no case for bail is made out. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. It is directed that the applicant/accused 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 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.
It is directed that the applicant/accused 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 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. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant. 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 as per rules.