Madhya Pradesh High Court
Hukamsingh @ Hakamsingh vs The State Of Madhya Pradesh on 25 September, 2017
MCRC-10295-2017
(HUKAMSINGH @ HAKAMSINGH Vs THE STATE OF MADHYA PRADESH)
25-09-2017
Shri Nilesh Dave, learned counsel for the petitioner.
Shri Ramakant Sharma, learned Government Advocate for
the respondent/State.
Heard with the aid of case diary.
ORDER
This is the first bail application under Section 439 of Cr.P.C. in connection with Crime No.209/2017 registered at Police Station-Nagda, District-Ujjain for the offence punishable under Section 324, 294, 506 of IPC and 25 of Arms Act and he is under custody from 30/06/2017. As per information given by the accused, no other bail application either filed or pending before or decided by any co-ordinate Bench of this Court or by Hon'ble the Apex Court in connection with the present crime number.
2. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case and also there no case is made out against him. It is further submitted that conclude of the trial may take it's own time and there is no possibility of his absconding of petitioner, therefore, he may be released on bail.
3. Prosecution has opposed the bail application.
4. According to the prosecution, this is a matter between husband and wife. Wife has reported the matter to the police stating that on 24/06/2017 at about 01.30 in the night, husband came back home after having liquor and abused her. She objected to his habit of having liquor. Annoyed by this, the husband assaulted the wife by Gadasiya and caused simple injuries on the legs.
5. Keeping in view of the aforesaid and in the facts and circumstances of the case and also the fact the investigation is complete and accused is in jail since 30/06/2017, therefore, without commenting on merits of the case, I am of the considered view that the petitioner has made out a case for granting bail. Thus the application is allowed. It is directed that the petitioner be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial court for his appearance before the trial court as and when required on the following directions :-
i. The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protect the trial;
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
C.C. as per rules.
(VIRENDER SINGH) JUDGE