Madhya Pradesh High Court
Idar Singh vs The State Of Madhya Pradesh on 6 February, 2019
1 MCRC-4187-2019
The High Court Of Madhya Pradesh
MCRC-4187-2019
(INDAR SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-02-2019
Shri J.L. Soni, learned counsel for the applicant.
Shri Ajay Tamrakar, learned Panel Lawyer for the respondent/State.
Heard. Case diary perused.
This is first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 10.12.2018 in connection with Crime No.111/2018 registered by Police Station Gandhi Nagar, District Bhopal for offence punishable under Sections 294, 323, 506 and 34 of IPC and added section 316 of IPC.
As per prosecution case, the applicant along with co-accused has committed marpeet with the complainant person and also abused them filthily, therefore, the offences as aforesaid have been registered against them.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the main allegation is against accused Kesar Singh, who has already been enlarged on bail by the trial court and he is the person who has struck by the leg in the stomach of the victim. The applicant is in jail since 10.12.2018. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. It is further submitted that the case of the present applicant is similar to that of co-accused, hence prayer is made to release the applicant on the ground of parity.
Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection.
Having considered the facts and circumstances of the case and maintaining parity with the co-accused, but without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that the Digitally signed by Kafeel Ahmed Ansari Date: 08/02/2019 04:40:17 2 MCRC-4187-2019 applicant-Indar Singh be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/- (Rs.One Lac Only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE kafeel Digitally signed by Kafeel Ahmed Ansari Date: 08/02/2019 04:40:17