Madhya Pradesh High Court
Narendra vs State Of Madhya Pradesh on 10 August, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
M.Cr.C. No.11119/2020 Narendra Vs. State of M.P.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11119/2020
Indore, dated :10/08/2020
Shri Sanjay Kumar Sharma, learned counsel for the
applicant.
Shri A.S. Parihar, learned Panel Lawyer for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 344/2019, registered at Police Station-Birlagram, District-Ujjain for commission of the offence under Sections 307, 302, 34, 147, 148 and 149 of the IPC alongwith Section 25 of the Arms Act.
As per prosecution story, on complainant-Amar lodged a report alleging that on 28/10/2019 at about 3:15 p.m., he went to consume beer, he reached near Vinod Dhaba, he saw that co-accused-Brijesh gave a knife blow to Kushal Barod and when Shiv Narayan came to rescue him then Brijesh also gave him a knife blow on his abdomen, due to which he sustained injury and scummed on the spot.
Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is also submitted that the incident has taken place all of a sudden and there was no previous meeting of mind, therefore, it cannot be said that the applicant was having any common intention alongwith co-accused-Brijesh to caused the death of Shiv Narayan. It is alleged that co-accused-Brijesh gave a blow of knife to one Kushal Barod and when Shiv Narayan came to save M.Cr.C. No.11119/2020 Narendra Vs. State of M.P. him, then he also gave a knife blow on the abdomen of Shiv Narayan because of that he sustained injury and scummed on the spot; whereas Kushal also sustained grievous injury. It is also alleged that the applicant was present with co-accused-Brijesh on the place of occurrence and he assaulted the Shiv Narayan by kicks and fists, however, there is nothing on record to established that on which part of deceased, the present applicant caused injury. According to the postmortem report, only one stab injury was found on the abdomen of the deceased, which has been caused by co-accused-Brijesh. Except this, no other injury was found on the person of Shiv Narayan, which clearly indicates that the applicant has not caused any injury to deceased-Shiv Narayan and he has falsely been implicated in the present crime. The applicant is in custody since 13/03/2019. Investigation is over and charge- sheet has been filed. Conclusion of trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Panel Lawyer for the respondent/State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing M.Cr.C. No.11119/2020 Narendra Vs. State of M.P. a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
In case of bail jump this order shall become ineffective.
Certified copy as per rules.
(S.K. Awasthi)
skt Judge
Santosh Kumar Tiwari
2020.08.10 17:47:58
+05'30'