Golu vs The State Of Madhya Pradesh on 19 March, 2021

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Madhya Pradesh High Court

Golu vs The State Of Madhya Pradesh on 19 March, 2021

This is fourth application filed under section 439 Cr.P.C. Applicant Golu was arrested on 30.10.2019 in Crime No. 651/2019 registered at Police Station Damoh Dehat, District Damoh for the offence punishable under Sections 294, 323, 324, 307, 452, 506/34 of IPC.

The first and third bail applications of the applicant have been dismissed as withdrawn by this court vide order dated 17.02.2020 and 06.11.2020 passed in M.Cr.C. No. 7027/2020 and M.Cr.c. No. 26742/2020 with liberty to file afresh after recording the statement of injured Kamal while the second bail application of the applicant has been dismissed on merits vide order dated 24.06.2020 passed in M.Cr.C. No. 13291/2020.

As per prosecution case, on 28.10.2019 at around 08-8.30 PM, co-accused Bhotu and Chhotu assaulted Balli @ Anrath Singh Lodhi by axe and stick, when complainant Kamal Singh and his son Dharmendra came to rescue him, applicant Golu armed with spear and co-accused Vrindawan armed with stick and co-accused Pancham Singh armed with spear came there, applicant Golu assaulted complainant Kamal Singh by spear due to which he sustained grievous injury in his temple region, when Dharmendra came to rescue him, co-accused Pancham Singh assaulted him by spear and co-accused Vrindawan assaulted by stick.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Though earlier one bail application of the applicant was dismissed on merits THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 12493/2021 (Golu Vs. State of M.P. ) 2 by this court vide order dated 24.06.2020 passed in M.Cr.C. No. 13291/2020 but thereafter statements of injured Kamal Singh (PW-

4) and Balli @ Anrath Singh (PW-1) have been recorded by the trial court. They did not support the prosecution story and turned hostile. Applicant has been in custody since 30.10.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that earlier one application of the applicant has been dismissed on merits thereafter there is no change in circumstance, so applicant should not be released on bail.

Though earlier one bail application of the applicant was dismissed on merits by this court vide order dated 24.06.2020 passed in M.Cr.C. No. 13291/2020 but thereafter statements of injured Kamal Singh (PW-4) and Balli @ Anrath Singh (PW-1) have been recorded by the trial court. So, looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that the applicant is in custody since 30.10.2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 12493/2021 (Golu Vs. State of M.P. ) 3

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him 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 prior permission of the trial Court.

C.C. on payment of usual charges.



                                                  (Rajeev Kumar Dubey)
sarathe                                                 Judge




               Digitally signed
               by NAVEEN
               KUMAR
               SARATHE
               Date:
               2021.03.19
               15:53:26 +05'30'

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Madhya Pradesh High Court