Madhya Pradesh High Court
Rajendra Prasad @ Raju @ Rajaram Meena vs The State Of Madhya Pradesh on 31 January, 2018
-1- M.CR.C NO.3088/18
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
31.01.2018 (INDORE):
Shri Nilesh Joshi, learned counsel for the applicants.
Shri Swopnil Sharma, learned Public Prosecutor for
the respondent/State.
Heard with the aid of case-diary.
This is first application under section 439 Cr.P.C seeking bail in connection with crime No.286/17 registered at Police Station Bhanpura, district Mandsaur for the offence punishable under sections 147, 148, 149, 323, 307, 302 IPC and under section 25 of the Arms Act.
As per the prosecution story on 29.09.2017 at about 11.30 p.m the applicant along with the co-accused persons constituted unlawful assembly and with common intention to cause death, they caused injuries to Mangusingh, Bagwansingh, Gokulsingh, Bharatsingh, Hemant Singh, Ajit Singh and Shyamsingh. During treatment, Gokulsingh expired and on the basis of which, Police also added the offence under section 302 IPC.
Learned counsel for the applicants submits that applicant No.1 is an old person aged about 62 years. There is no allegation against the applicants that they -2- M.CR.C NO.3088/18 caused injuries to the deceased. The only allegation against the applicants is that they caused injuries to Ajitsingh and Shyamsingh which are simple in nature. The applicants are in jail since 30.09.2017. The investigation is over and charge sheet has been filed. The conclusion of trial would likely to take time, hence prayed for release of the applicant on bail.
Learned Public Prosecutor has opposed the prayer and submitted 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 applicant, 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 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 their regular appearance before the trial court during trial with a condition that they shall remain present before the court concerned during trial and shall -3- M.CR.C NO.3088/18 also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c as per rules.
(S.K.AWASTHI) JUDGE hk/ Digitally signed by Hari Kumar Nair Hari Kumar DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Nair 2.5.4.20=297e891894a3c0a72fe33615 1e45300982d99410547d92f39d7bb69 ecedcaf7c, cn=Hari Kumar Nair Date: 2018.02.03 13:07:17 +05'30'