Madhya Pradesh High Court
Kalyan Singh vs The State Of Madhya Pradesh on 22 January, 2019
THE HIGH COURT OF MADHYA PRADESH
MCRC.1743/2019
(Kalyan Singh & Ors. V. State of M.P.)
1
Jabalpur, Dated :22.01.2019
Shri A.K. Tiwari, counsel for the applicant.
Shri Y.D. Yadav, G.A. for the respondent / State.
Learned counsel of the applicants submitted that he does not want to press this M.Cr.C. so far as it relates to Applicant No.2 Indra Pal Singh.
Prayer is accepted.
Accordingly, M.Cr.C. is dismissed as not pressed so far as it relates to Applicant No.2 Indra Pal Singh.
Heard with the aid of case diary.
This is First application of the applicants Kalyan Singh and Santosh Singh under section 439 Cr.P.C. for grant of bail in connection with Crime No.285/2018 registered at Police Station Amarpatan, District Satna for the offence punishable under Sections 323, 324, 294, 506 / 34, 326 IPC As per the prosecution case on 10.03.2018 at 8:00 pm when complainant Rajkumar Singh Parihar was returning to his house on the way co-accused Indrapal Patel along with his son applicant No.3 Santosh Patel and applicant No.2 Kalyan Patel meet him. They assaulted him by iron rod and kick and fist. Co-accused Indra Pal Singh assaulted the complainant by iron rod on his head due to which he sustained grievous injury on his head. Applicant No.1- Kalyan Singh and applicant No.3- Santosh Singh assaulted the complainant by kick and fist.
Learned counsel for the applicants submits that Applicant No.1- Kalyan Singh and applicant No.3- Santosh Singh have not committed any offence and have been falsely implicated in the offence. Even otherwise according to the FIR grievous injury sustained by the complainant Rajkumar Singh Parihar in the incident was caused by co-accused Indra Pal Singh and not by Applicant No.1- Kalyan Singh and applicant No.3- Santosh Singh. The Applicant No.1- Kalyan Singh and applicant No.3- Santosh Singh are in custody since 29.12.2018 and conclusion of trial is likely to take long time, hence prayed for release of the applicants on bail.
THE HIGH COURT OF MADHYA PRADESH MCRC.1743/2019 (Kalyan Singh & Ors. V. State of M.P.) 2 On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available to connect the applicants with the offence in question.
Looking to the facts and circumstances of the case and as to the fact that according to FIR grievous injury sustained by the complainant was caused by co-accused Indra Pal Singh and it is alleged that applicants Kalyan Singh and Santosh Singh only assaulted the complainant by kick and fist and that they are in custody since 29.12.2018 and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant No.1-Kalyan Singh and applicant No.3-Santosh Singh are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2019.01.23 10:52:50 +05'30'