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17
YanuLama
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As per prosecution story, the applicant along with four more accused persons were ploughing the field of forest. On objection being raised by the complainant Neeraj and his companion Dharmendra, they first attempted to kill complainant Neeraj by crushing under the wheel of the tractor and thereafter had indulged into the fight and caused grievous injuries to complainant Neeraj and also injuries to his companion Dharmendra. Accordingly, the case has been registered. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated. Challan has been filed and therefore applicant is no more required for custodial investigation. This Court while dismissing the first application vide order dated 03.12.2021 as withdrawn had granted liberty to revive his prayer after four months. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper. Per contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that in fact the applicant was not not only indulged into the illegal activity of ploughing the forest land but also he attempted to cause death of complainant Neeraj and thereafter serious beating was given to complainant Neeraj and his companion Dharmendra resulting into the fracture of humerus bone of complainant Neeraj and sustenance of injuries by his companion Dhamendra. Hence, no exception can be taken in the matter of grant of bail.
A t this stage, learned counsel for the applicant on instructions submits that the applicant is voluntarily ready and willing to part with Rs.30,000/- (Rupees Thirty Thousand Only) for being utilized to extend basic amenities to the inhabitants of Vriddha-ashram, Anathalaya and Andhalaya. But the said deposit amount may not prejudice his right to defence in the pending trial. Upo n hearing learned counsel for the rival parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the applicant is in jail since 01.09.2021 he is not required for custodial investigation as the challan has been filed, in the light of the liberty granted to the applicant while dismissing the first bail application vide order dated 03.12.2021 being withdrawn to revive prayer after four months and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out, the applicant is held entitled for enlargement on bail but with stringent conditions.