Subodh Abhyankar, J
This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.43/2021
registered at Police Station Pachor, District Rajgarh (MP) for offence punishable under Sections 323, 326, 307, 302 and 34 of the Indian Penal Code,
1860. The applicant is in custody since 26/01/2021.
Allegation against the applicant is that he along with his brothers Banesingh and Biram assaulted the deceased Aatmaram on whose head Banesingh
gave an axe blow because of which he died.
Counsel for the applicant has submitted that so far as the present applicant is concerned, only the omnibus allegations have been levelled against him
and the main allegation is against Banesingh only who has assaulted the deceased with the aid of an axe. It is further submitted that the charge sheet
has already been filed, the applicant is in jail since 26/01/2021, he has no criminal antecedents and the final conclusion of the trial is likely to take
sufficient long time on account of fresh spread of COVID-19.
Hence, it is submitted that the bail application be allowed and he be released on bail.
Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.
Having considered the rival submissions and on perusal of the case diary, this Court finds that although the presence of the present applicant has been
shown on the spot, however, it is not mentioned that whether he, in any manner aided the offence by holding the deceased while Banesingh inflected
the injury. In view of the same and finding force with the contentions raised by the counsel for the applicant and the fact that there are no criminal
antecedents of the applicant and the final conclusion of the trial is likely to take sufficient long time due to fresh spread of COVID-19, in the
considered opinion of this Court, the applicant's application deserves to be allowed.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on
bail upon furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of
the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court
concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
