Madhya Pradesh High Court
Shivraj vs The State Of Madhya Pradesh on 4 August, 2014
M.Cr.C.No.6247/2014 (Shivraj Vs. State of M.P.)
1
4.8.2014.
Applicant by Shri R.K. Upadhyay, Advocate.
Respondent/State by Shri Mukund Bharadwaj, Public
Prosecutor.
Heard.
This is first bail application under section 439 of Cr.P.C. The applicant has been arrested in Crime No.474/2014 registered at Police Station Basoda, District Vidisha for the offence punishable under Sections 294, 323, 308, 506, 34 of IPC.
As per prosecution story, the complainant alongwith her son's Archit, Udit and Abhishek Dhangi and Prashant Dhangi were going to plough her field. She saw that her husband Krishnakant alongwith 3-4 persons were cultivating the land. When she stopped them they started abusing and ran over the tractor upon her. When her son, Archit came to save her then he has also received the injury.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. Learned counsel further submits that there is a family dispute between the husband of the complainant and complainant in regard of the land. Learned counsel further submits that the applicant has not named in the FIR. Co-accused Ashwani Kumar and Girraj Kumar have been enlarged on M.Cr.C.No.6247/2014 (Shivraj Vs. State of M.P.) 2 anticipatory bail vide order dated 30.7.2014 passed in M.Cr.C.No.6245/2014. The applicant is under custody since 14.7.2014 and trial is likely to take time. Hence, prayed for bail.
The prayer is opposed by learned Public Prosecutor. Case diary perused.
As per the medical report of Preeti Sharma, lacerated wound was found over the thigh, contusion was found over the middle part of right leg and another lacerated wound was found over the right tempo parietal region.
Looking to the fact that the applicant is not anmed in the Dehati Nalishi and considering the fact that co-accused have been granted anticipatory bail and the applicant is under custody since 14.7.2014, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
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;
M.Cr.C.No.6247/2014 (Shivraj Vs. State of M.P.) 3
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/her 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. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(D.K.Paliwal) Judge pawar/-