Madhya Pradesh High Court
Anurag Patel vs The State Of Madhya Pradesh on 27 December, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-56517-2021
The High Court Of Madhya Pradesh
MCRC No. 56517 of 2021
(ANURAG PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-12-2021
Shri Manish Datt, learned Senior Advocate, with Shri Siddharth
Bendel, learned counsel for the applicants.
Shri S.K.Kashyap, learned Government Advocate for the
respondent/State.
This is the first bail application filed by applicants Anurag Patel and Ramkrishna Patael under Section 439 Cr.P.C. for grant of bail in connection with Crime No.635/2021 for the offences punishable under Sections 341, 294, 323, 324, 506, 427 and 34 IPC registered at Police Station-Patan, District- Jabalpur (M.P.).
The applicants are in judicial custody since 23.10.2021 in the aforesaid case. They are nephew and uncle respectively and the allegation against them is that they allegedly participated along with the other co-accused persons in assaulting the injured Shubham Patel, who suffered several injuries. The injuries that would bring into its ambit and scope of the offence under section 326 I.P.C. which has resulted in the fracture of the left clavicle and the second and third ribs, where the corresponding external injuries, pain on the side of the left body.
Learned counsel for the State, while objecting to the application for grant of bail to the applicants, has submitted that section 326 of the I.P.C. is punishable with life Imprisonment and that the applicants are under judicial custody for only two months.
However, learned counsel for the applicants submits that it was the applicant no.1 who has taken the injured Shubham Patel to the hospital in the first instance and in that document, it reflects that the case is one of a road traffic accident. However, the 161 statement of the injured/victim reflects that it were the applicants herein alongwith the others who had caused the injury to the injured.
Signature Not Verified SAN Digitally signed by SHALINI LANDGE Date: 2021.12.27 17:30:24 IST2 MCRC-56517-2021 Be that as it may, looking to the nature of injuries and the fact that it was applicant no.1 who had himself taken the injured to the hospital in the first instance, and the fact that the applicants have been in judicial custody for little more than two months, the application is allowed and it is directed that the applicants shall be enlarged on bail upon thier furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court.
The jail authorities shall have the applicants checked by the jail doctor to ensure that they are not suffering from the coronavirus and if they are, they shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their place of residence by the jail authorities.
C.C. as per rules.
(ATUL SREEDHARAN) V. JUDGE Sha Signature Not Verified SAN Digitally signed by SHALINI LANDGE Date: 2021.12.27 17:30:24 IST