(1.) The applicant has filed this fourth application under Sec. 439 of the Code of Criminal Procedure for grant of bail. Applicant has been arrested on 9/2/2021 by Police Station Umari, District Bhind (M.P.) in connection with Crime No.339 of 2020 registered for offence punishable under Ss. 323, 294, 506 of the Indian Penal Code, added Sec. 302 of the Indian Penal Code.
(2.) It is submitted by learned counsel for the applicant- Mahipat Singh that this is the fourth bail application of the applicant. Earlier on 17/8/2021, the Co-ordinate Bench of this Court had rejected the first bail application of the applicant considering the merits of the case and liberty was granted to revisit this Court after examination of main prosecution witnesses or if the trial gets further delayed, whichever is earlier. From 17/08/2021, till date only two prosecution witnesses have been examined. There is no progress in trial. It is further submitted that initially, the case was registered for the commission of offence under Ss. 323, 294, 506 of the Indian Penal Code and thereafter, Sec. 302 of the Indian Penal Code has been enhanced. The victim was admitted and thereafter he was fully recovered and discharged. Thereafter, during COVID-19 period, he was infected by the Corona Virus. The relevant report with regard to discharge summary given by the hospital concerned is annexed at page No.46 wherein it has been mentioned that the patient had fallen suddenly in saturation due to rapid antigen test of covid-19 and no surgical treatment is required, therefore, it cannot be said that offence under Sec. 302 of the Indian Penal Code is made out against the present applicant. Speedy trial is the right of an accused and he cannot put behind the bar due to delay in trial. Since there is no progress in trial, therefore, the applicant may be granted bail.
(3.) Heard learned counsel for the parties at length and perused the documents available on record as well as the case diary.