Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 14 December, 2016
1
M.Cr.C.No.14269/2016
(Bhagwan Singh Vs. State of M.P.)
14.12.2016
Mr. P.S. Bhadouria, learned counsel for the applicant.
Mr. R.S. Yadav, learned Public Prosecutor for the
respondent/State.
Heard.
This is second bail application under Section 439 of Cr.P.C. First bail application was dismissed as withdrawn vide order dated 18.11.2016 passed in M.Cr.C.No.13098/2016. The applicant has been arrested in Crime No.318/2016 registered at Police Station Porsa, District Morena (M.P), for the offence punishable under Sections 294, 323, 324, 506 and 326/34 of IPC.
According to prosecution case, it is alleged that the complainant was going to Jodharam Gadhi and he was talking with Chottale at that time Bhagwan Singh armed with dharati, Baarelal and Ravi armed with Danda, Seetaram armed with lathi came there and started abusing him. When he objected then Bhagwan Singh gave dharati on the left ear, as a result of which upper portion of ear is separated. Baarelal gave danda blow, Seetaram gave lathi blow and Ravi also gave beating by means of danda.
It is submitted by learned counsel for the applicant that applicant has not committed any offence. He has falsely been implicated. It is further submitted that on the date of the incident the complainant himself refused to get the treatment as his ear was alright. No other injury has been found on the person of the complainant. Charge-sheet has been filed. The applicant is in custody since 13.10.2016. Trial will take sometime. On these grounds learned counsel for the applicant prays for grant of bail.
Prayer is opposed by learned Public Prosecutor. Perused the case diary.
As per medical report, one incised wound over upper portion 2 of pinna of ear has been found. No expert opinion has been taken. However on query, the doctor has stated that the injury is grievous in nature as it caused disfiguration in face.
Considering the allegation against the applicant and the fact that no such opinion has been given by the doctor who himself examined the injured on 11.10.2016 and 15.11.2016 and without having any expert opinion he opined that the injury is grievous in nature and the fact that charge-sheet has been filed, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court/Committal Court.
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;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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 previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(D.K. Paliwal) Judge bj/-