Madhya Pradesh High Court
Arvind @ Kallu vs State Of M.P. on 9 June, 2014
(Arvind alias Kallu Vs. State of M.P.)
09.06.2014 M.Cr.C.No.2468/2014
Mr. R.S. Kushwah, Advocate for the applicant.
Mr. Rajiv Upadhyay, Panel Lawyer for the
respondent/State.
Shri Aditya Singh, Advocate for the complainant. Heard.
Perused the case diary I.A. No. 2757/14, an application for permitting the counsel for complainant to assist the Govt. Advocate is considered and allowed.
Shri Aditya Singh is permitted to assist the Panel Lawyer. This is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.272/2013 registered at Police Station, Dimni, District Morena, for the offence punishable under Sections 307, 294, 506-B, 336, 34 of IPC.
As per prosecution case, Girraj has given beatings to Rahul. As a result of which report was lodged by Rahul. On account of this Ravi and Satish went to solve the dispute but Mansingh warned them not to come and Kalla alias Arvind fired from his country made pistol which hit Rahul on his left thigh. Girraj, Mansingh and Kalla alias Arvind also used filthy abuses against the complainant and Girraj thrown stone with an intention to hurt them.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in the case. The complainant party was aggressive party and attacked the applicant and co-accused. A cross-case has been registered against the complainant party in which Ravi Tomar has been granted bail by this Court. Hence, the applicant be also released on bail.
The application is opposed by learned Panel Lawyer. Case diary is perused.
As per the medical report of Rahul, he has received lacerated wound over left thigh and swelling on the upper middle of left thigh and injury is reported to be caused by fire-arm. It appears that cross-case bearing Crime No. 271/13 has been registered u/S 307, 294 and 506-B,336,34 against Hari Singh , Ravi Tomar and Sachin.
Taking into consideration the allegation against the applicant and that the complainant Rahul has sustained injuries on non-vital part of the body,cross-case has also been registered against the complainant party and that the applicant is in custody since 22.12.2014 but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(D.K.Paliwal) Vacation Judge sh/-