Madhya Pradesh High Court
Charan vs The State Of Madhya Pradesh on 16 September, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.41891/2021
(Charan Vs. The State of Madhya Pradesh)
-1-
Indore, dated 16/09/2021
Shri Pankaj Kumar Sohani, learned counsel for the applicant.
Shri Shalabh Sharma, learned Panel Lawyer for the
respondent / State.
Case-diary perused.
Learned panel lawyer has not produced the case-diary of cross- case even after grant of two last chances.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.168/2021 registered at Police Station- Tilak Nagar, District-Indore (MP) for offence punishable under Sections 294, 324, 307 and 506/34 of IPC. The applicant is in custody since 19.05.2021.
02. As per prosecution story, on 16.05.2021, complainant along with his friend Vikas went to the Ashram of Baba Ramdas situated at Rajgrahi colony. When the complainant and his friend reached the Ashram, Baba Ramdas started abusing them and tried to drive away them from there. The present applicant and co-accused Ramu Banjara and his son Dipak came and attacked on complainant with a knife due to which complainant received one injury on his chest and three injuries on thigh. The complainant lodged a report at police station-Tilak Nagar, accordingly, a crime was registered against the present applicant.
03. Learned counsel for the applicant contended that applicant is innocent person and he has been falsely implicated in this offence. The applicant has already suffered jail incarceration since HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.41891/2021 (Charan Vs. The State of Madhya Pradesh) -2- 19.05.2021 and no further custodial interrogation of the applicant is required. He further submits that Baba Ramdas has also received injuries and upon his complaint, F.I.R. has also been registered against the complainant and the investigation is over and charge- sheet has been filed and final conclusion of trial is likely to take a long sufficient time, under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
04. Per contra, learned learned government advocate for respondent - State opposes the bail application and prays for its rejection.
05. Considering the facts and circumstances of the case and the nature and gravity of the allegation and also taking note of the fact that complainant has been discharged from the hospital after the hospitalization of 7-8 days and a cross-case has been registered against the complainant also and the applicant is custody since19.05.2021 and trial will take considerable long time for its final conclusion and in view of the evidence available on record, I deem it proper to release the applicant on bail.
06. Accordingly, 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 upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.41891/2021 (Charan Vs. The State of Madhya Pradesh) -3- during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
07. Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
(Anil Verma) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.17 10:45:31 +05'30'