Madhya Pradesh High Court
Sonu @ Dheeraj vs The State Of Madhya Pradesh on 1 December, 2017
1
Mis. Cr. Case No.24694/2017 (Sonu alias Dheeraj Vs. State of MP)
Indore, Dated: 01/12/2017
Shri Harshvardhan Singh Rathore, learned counsel for the
applicant.
Srhi Swapnil Sharma, learned Public Prosecutor for the
respondent/State.
Investigation is complete. Challan has been filed. This is the first bail application under section 439 Cr.P.C., on behalf of the applicant. The applicant, a student of Class XII is in jail since 06/10/2017 in connection with crime No.469/2017 for the offence punishable under sections 294, 323, 506 & 307/34. registered at Police Station Badnawar, District Dhar.
As per prosecution story, on 04/09/2017, the applicant alongwith his father, Vitthal Parashar and mother, Sangeeta picked up a fight with Kailash (complainant) and his wife, Rekha on an issue of parking of a tractor by their son, Rahul. As per prosecution, Vittal Parashar hit from the reverse side of sword on the neck of complainant, Kailash. Sangeeta and Sonu physically assaulted Rekha armed with dandas. Accordingly, case has been registered.
Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in the offence. The applicant has no criminal antecedents. The applicant is a student of Class XII and he has to appear in the forthcoming examinations in the month of February/March, 2018. Hence, if he is in jail, his career will be jeopardized. Further the applicant being a young boy, keeping him in the company of hardened criminals is not in the interest of his future life . The investigation is complete, challan has been filed and applicant is not required for further investigation. Under these circumstances, the applicant prays for enlargement on bail.
Per contra, learned Public Prosecutor opposes the bail application supporting the impugned order with the contention that the injuries on the person of the injured are dangerous to her life, therefore, he is not entitled for bail.
Having perused the case diary and contentions advanced by learned counsel for the parties coupled with the fact that the investigation is complete and challan has been filed, the applicant being a student of Class XII and is going to appear in the forthcoming 2 Mis. Cr. Case No.24694/2017 (Sonu alias Dheeraj Vs. State of MP) Board examinations and further a young boy of 18 years, therefore, keeping him jail with hardened criminals shall have adverse psychological effect as well as he has no criminal antecedents, but, without expressing any opinion of merits, looking to the facts and circumstances of the case, a case is made out for grant of bail.
Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed and it is directed that the applicant be released on bail, on his furnishing a 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 the learned Trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., A copy of the order be sent to the Court concerned for necessary compliance.
Certified copy as per rules.
(Rohit Arya)
b/- Judge
M V R BALAJI SARMA
2017.12.01 15:57:59
+05'30'