IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA ON THE 6^th OF MAY, 2022 MISC. CRIMINAL CASE No. 19875 of 2022 Between:-

SUMERSINGH S/O SHRI LALSINGH RAJAK , AGED ABOUT 21 YEARS, OCCUPATION: AGRICULTURIST R/o GRAM RAJGARH PS AMOLA, District Shivpuri (MADHYA PRADESH)

.....PETITIONER (BY SHRI A.K. UPADHYAY, LEARNED COUNSEL)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION AMOLA, DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAJESH SHUKLA, LEARNED DEPUTY ADVOCATE GENERAL FOR RESPONDENT/STATE )

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

ORDER

This is the second bail application under Section 439 Cr.P.C. filed on behalf o f the applicant. His first application [Mcrc.3583/2022] was dismissed as withdrawn vide order dt.21.01.2022, with liberty to revive the prayer after six weeks.

The applicant is in custody since 16.10.2021 in connection with Crime No.150/2021 registered at Police Station Amola, District Shivpuri, M.P. for the offences punishable under Sections 323, 324, 294, 506, 34, 341, 307 of IPC. As per prosecution story, an FIR was lodged at Crime No.150/2021 for the offences punishable under Sections 323, 324, 294, 506, 34, 341, 307 of IPC alleging physical assault by the applicant and other co-accused persons on the complainant party. The applicant is alleged to have caused injury to the complainant by lathi. Accordingly, the criminal case has been registered.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Challan has been filed. He is no more required for custodial investigation. The applicant has no criminal antecedents. The applicant is the sole earning member in the family and due to is long jail incarceration since 16/10/2021, the family is in penury and on the verge of starvation. His earlier application was dismissed as withdrawn with liberrty to revive the prayer after six weeks. Moreso, similarly placed co-accused namely Chandan Singh & Nagendra Singh have already been extended benefit of bail by this Court vide orders dated 5/4/2021 passed in M.Cr.C. No.10094/20222 and M.Cr.C. No.13254/2022. He is ready to abide by such terms and conditions as may be deemed fit and proper for his enlargement on bail. Looking to COVID-19 situation, trial is not likely to conclude early in near future. With the aforesaid submissions, prayer for grant of bail is made.

Per contra, learned Deputy Advocate General opposes the bail application and prays for its rejection.

Upon hearing learned counsel for the parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the applicant is in custody since 16.10.2021, there are no criminal antecedents, this Court had granted liberty to revive the bail application after six weeks and due to COVID-19 possibility of delay in trial cannot be ruled out, the applicant is held entitled for enlargement on bail, but with stringent conditions.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on second and fourth Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distanc