IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 2^nd OF FEBRUARY, 2022 MISC. CRIMINAL CASE No. 63328 of 2021 Between:-

AVINASH JUDYANI S/O BIRJAMAL JUDYANI , AGED ABOUT 30 YEARS, OCCUPATION: PVT. JOB WARD NO 26, PREMNAGAR BALAGHAT, DISTT-BALAGHAT MP (MADHYA PRADESH)

.....PETITIONER (BY SHRI SANJAY SHARMA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR POLICE STATION P.S. LALBARRA, DISTT-

BALAGHAT MP (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI OM PRAKASH PATEL, PANEL LAWYER & SHRI K.N.

FAKHRUDDIN, ADVOCATE FOR THE OBJECTOR)

(Heard through Video Conferencing)

This application coming on for admission this day, the court passed the following:

ORDER

This is the Second bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. for grant of bail as he has been arrested on 29.09.2021 in connection with Crime No.501/2021 registered at Police Station Lalbarra, District Balaghat (M.P.) for the offence punishable under sections 294, 323, 506, 34, 324 and 326 of the Indian Penal Code. His first application was dismissed as withdrawn vide order dated 23.11.2021 passed in M.Cr.C. No.50797/2021 with liberty to repeat the same after filing of the charge-sheet.

As per prosecution case, co-accused Abhinav inflicted injury to the injured Harshwardhan by means of baseball which has resulted in to a fracture of the small finger of hand and also caused simle injury to Baijnath Sharma.

The allegation against the present applicant is that he was present at the spot.

It is pointed out that the investigation is over and the charge-sheet has Signature Not Verified been filed in the matter on 30.11.2021. It is submitted that the main accused SAN Abhinav has already been enlarged on bail today in M.Cr.C. No.64071/2021. There is no allegation of inflicting any injury on the present applicant merely his presence was shown. Earlier bail application was rejected on the ground that he is having a criminal past of eight cases, but it is stated at bar that the applicant has never been convicted in any of the offence. The applicant is in custody since 29.09.2021. As there is no further custodial interrogation of the applicant is required. He is ready to abide all the terms and conditions that may be imposed by this Court while considering his application for bail. On these grounds, he prays for grant of bail.

Per contra, State counsel as well as the counsel appearing for the objector have vehemently opposed the application, but they could not dispute the fact that the charge-sheet has been filed on 30.11.2021. The applicant is having a long criminal history of eight cases, but submits that the statement made by the counsel should be verified that he has never been convicted in any of the offences.

Considering the overall facts and circumstances of the case, the role attributed to the present applicant coupled with the fact that the charge-sheet is filed and there is no further requirement of custodial interrogation of the applicant, without commenting anything on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, the application is allowed subject to verification of this fact that the applicant has never been convicted in any of the offences.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

I n view of the COVID-19, jail authorities are directed that before Signature Not Verified SAN releasing the applicant medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms