Madhya Pradesh High Court
Bhura Singh vs The State Of Madhya Pradesh on 5 July, 2021
Author: Vishal Mishra
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The High Court Of Madhya Pradesh
MCRC-29075-2021
(BHURA SINGH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 05.07.2021
Shri Neeraj Dhamanya, learned counsel for the applicant.
Shri Manish Nayak, learned Panel lawyer, for the State.
Shri Sarang Gupta, learned counsel for the complainant.
Heard the learned counsel for the parties through Video
Conferencing.
This is third bail application u/S.439 Cr.P.C. filed by the
applicant for grant of bail.
Applicant has been arrested on 13.10.2020 by Police Station
Civil Line, District Morena (M.P.) in connection with Crime
No.94/2020 registered in relation to the offence punishable u/Ss. 307,
336, 323, 294, 34, 195(A) of IPC and 25/27 of Arms Act.
First bail application was allowed for a period of three months
vide order dated 03.12.2020 passed in M.Cr.C.No.11442/2021 and the
second bail application was dismissed as withdrawn vide order dated
10.05.2021 passed in M.Cr.C.No.19281/2021.
It is submitted that applicant is in custody since 13.10.2020. As
per medical report no bony injury is being seen. It is argued that as far
the criminal past is concerned he is on bail in all other offences. There
was no intention of the applicant to inflict injury which could have
caused the death of the applicant. Therefore, the gun shot was on the
non-vital part of the body. Applicant is ready to abide by all the terms
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The High Court Of Madhya Pradesh
MCRC-29075-2021
(BHURA SINGH Vs THE STATE OF MADHYA PRADESH)
and conditions that may be imposed by this Court while considering
his application for grant of bail and has shown his willingness to help
the needy during the Covid pandemic -19. Therefore, he prays for
grant of bail.
Per contra, counsel for the State as well as the complainant have
vehemently opposed the application stating that he is the principal
accused and firing gun shot which is medically corroborated but
counsel for the State fairly submits that there is no bony injury is seen
in the medical report. But he is having a criminal history of five cases
including under Section 307 of IPC.
Counsel for the complainant has argued that just to get the matter
compromise for the offence which have registered in the year 2019, the
applicant has committed the present offence for which under Section
195-A of IPC is also been registered against the present applicant. He
has prayed for dismissal of the application.
Considering the overall facts and circumstances of the case and
looking to the present scenario of Covid pandemic -19 coupled with
the judgment passed by the Supreme Court in the case of Bhausaheb
Nagu Dhavare Vs. State of Maharashtra, 2001 (1) SCC
(Cr.) 410, this Court deems it appropriate to allow this application.
Accordingly, the application is allowed. The applicant is directed to be
released on bail on furnishing a personal bond in the sum of
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The High Court Of Madhya Pradesh
MCRC-29075-2021
(BHURA SINGH Vs THE STATE OF MADHYA PRADESH)
Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of like
amount to the satisfaction of the Investigation Officer /trial Court, as
the case may be with submission of written undertaking and he shall
abide by all terms and conditions of the different circulars, orders as
well as guidelines issued by the Central Government, State
Government as well as Local Administration for maintaining social
distancing, hygiene etc to avoid Novel Corona Virus (COVID -19)
pandemic and he will have to install Arogya Setu App, if not already
installed.
This order will remain operative subject to compliance of the
following conditions by the applicant :-
1.
The applicant will comply with all the terms and conditions of
the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to the
Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of
which he is accused;
5. In case of involvement of the applicant in any other offence, the
The High Court Of Madhya Pradesh
MCRC-29075-2021
(BHURA SINGH Vs THE STATE OF MADHYA PRADESH)
bail granted by this Court shall stand automatically cancelled.
6. As applicant has shown his willingness to render his services
for the help of needy during this Covid pandemic-19, he is directed
to register himself before the Collector, District ,... as a Covid
warrior and render his services in District Hospital in District ....
under the supervision of Superintendent of Police for a period of
three months from the date of his release.
7. The applicant will not seek unnecessary adjournments during the
trial; and
8. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be.
9. The applicant will inform the concerned S.H.O. of concerned
Police Station about his residential address in the said area and it
would be the duty of the Public Prosecutor to send E-copy of this order
to SHO of concerned police station as well as Superintendent of Police,
concerned who shall inform the concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed that before
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 of COVID-19, then consequential follow up
action including the isolation/quarantine or any test if required, be
ensured, otherwise applicants shall be released immediately on bail and
The High Court Of Madhya Pradesh
MCRC-29075-2021
(BHURA SINGH Vs THE STATE OF MADHYA PRADESH)
shall be given a pass or permit for movement to reach his place of
residence.
Copy of this order be sent to the trial Court concerned for
compliance.
(Vishal Mishra)
mani Judge
SUBASRI MANI
2021.07.06
12:06:09
-07'00'
