Madhya Pradesh High Court
Kunwar vs The State Of Madhya Pradesh on 13 July, 2018
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No.22259/2018
(Kunwar vs. State of Madhya Pradesh)
Indore, Dated:13/07/2018
Shri Ajay Jain, learned counsel for the applicant.
Shri Rajesh Mali, learned Public Prosecutor for the
respondent/State.
Heard.
This is first bail application under Section 439 of Cr.P.C for grant of bail in connection with Crime No. 159/2018, Police Station-Dwarikapuri, District-Indore, concerning offence under Sections 307, 326, 324, 323, 147, 148, 149 and 120(B) of the IPC alongwith Section 25 of the Arms Act.
As per prosecution story, complainant Santosh lodged a report that on 5.4.2018 when he along with his friends were gathering in front of Utkarsh Vihar garden to attend a marriage at that time applicants along with co-accused persons came there who assaulted over him and his friend Lokesh with an intention to kill them.
Learned counsel for the applicant submits that the applicant is not named in the FIR and no weapon has been recovered from his possession. It is alleged that the applicant has caused the injuries to injured persons by kicks and fists. The main allegation is against the child conflicted with law, who inflicted injuries to the injured Lokesh. The applicant is in custody since 06/04/2018. Investigation is almost completed and conclusion of the trial will take sufficient long time. The applicant is not required for further interrogation. Co-accused-
THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.22259/2018 (Kunwar vs. State of Madhya Pradesh) Jagdish has already been granted bail by this Court, vide order dated 08/05/2018 passed in M.Cr.C. No. 18313/2018 and the case of the applicant is similar to him. Under these circumstances, learned counsel for the applicans prays for grant of bail to the applicant.
Learned Public Prosecutor has opposed the application and prayed for its rejection.
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 furnishing a personal bond, by the applicant, in the sum of Rs.50,000/-(Rupees fifty thousand Only), with one separate solvent surety of the like amount to the satisfaction of 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) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S. K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.07.16 10:50:47 +05'30'