The overcrowding of prisons due to the COVID-19 pandemic and the directions of the Supreme Court to release certain categories of prisoners on parole or interim bail influenced the court's decision to grant bail to the applicant.

JUDGMENT

1. This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. Applicant has been arrested on 8/4/2020 by Police Station Bhitarwar District Gwalior (M.P.) in connection with Crime No.95/2020 registered for offence under Sections 147, 148, 149, 307, 353, 186, 188, 336 and 332 of Indian Penal Code, 1860.

3. Learned counsel for the applicant- Kalla Gurjar has submitted that this is the first bail application of the present applicant under Section 439 of CrPC. The applicant is in custody since 8/4/2020. The case is registered under Sections 147, 148, 149, 307, 353, 186, 188, 336 and 332 of IPC. The complainant is the Tahsildar who has lodged the FIR. The FIR has been registered against around 50 persons. There is no specific injury found in the MLC which may attract offence under Section 307 of IPC and there are only simple injuries.

4. The matter relates to stone pelting by group of persons. There is no specific overt act done by the present applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Under these circumstances, learned counsel for the appellant prays for grant of bail.

5. Per contra , Panel Lawyer for the State has opposed the submission and submitted that the incident occurred during lockdown period. The complainant and other persons who have been injured by the present applicant when they were performing their official duties. It is further submitted that the offence committed by the present applicant is serious in nature, therefore, no case is made out for grant of bail to the present applicant. Hence, prayed for dismissal of the bail application.

6. Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the case dairy.

7. The FIR has been registered under Sections 147, 148, 149, 307, 353, 186, 188, 336 and 332 of IPC against around 50 persons. Though, the present applicant's name is reflected in the FIR but there is no specific injury found on the vital part of the body of any injured person. The petitioner is in custody since 8/4/2020.

8. The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :

'The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled.

We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/