Madhya Pradesh High Court
Balu Singh vs The State Of Madhya Pradesh on 7 February, 2018
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No.4038/2018
(Balu Singh vs. The State of Madhya Pradesh)
Indore, Dated: 07/02/2018
Shri Virendra Sharma, learned counsel for the
applicant.
Shri Rajesh Mali, learned Public Prosecutor for
the respondent/State.
Heard, case-diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.1050/2017, Police Station Chimanganj Mandi, District Ujjain, concerning offence under Section 302, 147, 148, 149, 294, 307 of IPC read with Section 25, 27 of Arms Act, 1959.
As per prosecution case, on 22/10/2017, at about 9.00 pm, complainant Rahul @ Niki was returning back to his house, along with his cousin deceased-Rahul S/o of Banwar Singh Dayma. When they reached near the house of co-accused-Prakash, he along with his father Viram Singh, Dilip Goud, Jitendra Goud, Santosh Songara and Balli @ Balkishan, armed with fire arms, stopped the complainant and started abusing them. Dilip assaulted complainant-Rahul @ Niki with knife due to which he sustained injuries whereas Viram Singh and Jitendra inflicted injuries with stick. Balli and Santosh pulled them down from the motorcycle and Prakash fired on deceased- Rahul by country made pistol, due to which he succumbed. THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.4038/2018 (Balu Singh vs. The State of Madhya Pradesh) During investigation police recorded statement of the witnesses, it has come that the applicant Balu has also caused injuries to the complainant and the deceased by kicks and fists, therefore he was arrayed as accused in the case.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R and he has been falsely implicated in the matter. It is further submitted that the deceased-Rahul died due to gun shot injury, which was caused by co-accused Prakash. Although the applicant is alleged to have caused the injuries to the deceased by kicks and fists, however, no such injuries were found on the body of the deceased, therefore, it is clear that the applicant had no intention to cause death of Rahul S/o of Banwar Singh Dayma. The applicant is in custody since 26/10/2017. Investigation is over and charge-sheet has been filed. Conclusion of trial will take time. Under these circumstances, learned counsel prays for grant of bail to the applicant.
Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicants on bail, hence the application filed by the applicants be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.4038/2018 (Balu Singh vs. The State of Madhya Pradesh) applicants are directed to be released on bail on furnishing a personal bond by the applicant, in the sum of Rs.70,000/- (Rupees seventy thousand Only), with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
Certified copy as per rules.
(S. K. AWASTHI) JUDGE sumathi Sumati Digitally signed by Sumati Jagadeesan DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Jagadeesan 2.5.4.20=c924c30fdbbbe5bd3576e03ddd1b95d94f 157e8aec842e0acdbeed50df87856b, cn=Sumati Jagadeesan Date: 2018.02.08 12:19:24 +05'30'