GULREZ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat bail application under Section 439 of the Criminal Procedure Code, 1973. His first application was dismissed as withdrawn by order dated 08.07.2020 passed in M.CrC. No. 18383/2020. The applicant is in jail since 02.04.2020 in connection with Crime No.116/2020 registered at P.S., Chhatripura, District- Indore, for offence punishable under Sections 353, 332,188, 269, 270, 336, 294, 506, 427 and 147 of IPC, Sec 56 of Disaster Management Act and Section 3 and 4 of Prevention of Damage to Public Property Act, 1984.

(2.) As per prosecution story, during Covid-19 pandemic, while doctors and paramedical staff with local police help had visited the area of Tatpatti Bakhal to trace the infected patients, applicant alongwith others started pelting stones on them causing serious injuries; as a result the entire team ran away. As such they have obstructed public servants in discharge of their duties and voluntarily caused serious injuries to them and also damaged the Government vehicles. Accordingly, case has been registered against the applicant as mentioned above.

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Investigation is complete. Challan has been filed. Applicant is no more required for custodial investigation. Applicant is in jail since 02.04.2020. His further jail incarceration shall seriously jeopardize his rights and cause social indignation to the family at large. Moreso, similarly placed co-accused Shahrukh has been enlarged on bail by order dated 12.10.2020 passed in M.Cr.C. No. 36021/2020. Due to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.