Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 27 August, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2024:MPHC-IND:24653
1 MCRC-31074-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 27th OF AUGUST, 2024
MISC. CRIMINAL CASE No. 31074 of 2024
ANIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Charchit Shastri, learned counsel for the applicant.
Shri Amit Raval, learned Govt. Advocate for the respondent/State.
ORDER
This third application has been filed by applicant under Section 439/483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No.427/2023 registered at Police Station Sanwer, District Indore (M.P.) for offence punishable under Sections 307, 293,323, 506 and 34 of IPC. Applicant is in judicial custody since 30.06.2023.
The first and second bail application of the applicant was dismissed was dismissed as withdrawn vide order dated 21.11.2023 and 06.06.2024, passed in M.Cr.C. NO.45748/2023 and M.Cr.C. No.23534/2024 respectively with liberty to renew his prayer after examination of the victim before the trial Court.
As per the case of prosecution, Jagdish S/o Debji Makwana was Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/28/2024 10:34:31 AM NEUTRAL CITATION NO. 2024:MPHC-IND:24653 2 MCRC-31074-2024 admitted at Arbindo Hospital, Indore. Sub-Inspector R.N. Chouhan P.S. Sanwer on receipt of information went to Arbindo Hospital. Ramavtar son of Ranjit reported to Sub Inspector R.N. Chouhan that on 29.06.2023 he alongwith his co-brother Jagdish and sister-in-law Bhavna were standing near Anguti Talkies at Sanwer. Around 06.00 in the evening, Anil and Aman came there on a motorcycle. He and Jagdish asked Anil for payment of outstanding amount of loan. Anil and Aman started abusing them in filthy language. Jagdish objected to their abuses. Anil and Aman assaulted Jagdish with knife. Jagdish sustained multiple injuries. He tried to intervene. Accused manhandle him. Jagdish was taken for treatment to Sanwer Hospital. He was referred for further treatment to Indore. Jagdish is admitted in ICU of Arbindo Hospita, Indore. On such allegations, registered FIR at Crime No.427/2023 for offenc punishable under Sections 307, 293, 323, 506 and 34 of IPC and under Section 25(1-B) of the Arms Act against present applicant - Anil and Aman. Medical examination of Jagdish was conducted. Multiple stab wound were found over the neck and abdomen of Jagdish. The injuries were found to be dangerous to life. Statement of witnesses were recorded. The applicant was arrested on 30.06.2023. He is in custody ever since. On completion of investigation, final report was submitted. Trial is underway. Statement of six prosecution witnesses have been recorded.
Learned Counsel for the applicant, in addition to the grounds Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/28/2024 10:34:31 AM NEUTRAL CITATION NO. 2024:MPHC-IND:24653 3 MCRC-31074-2024 mentioned in the application, submits that applicant has been falsely implicated in the matter. Minor oral altercation between the parties aggravated in the alleged offence. Learned counsel further contends that the applicant is aged around 28 years. He is a driver by profession. He is sole bread earner of his family. There is no likelihood of absconsion leaving his family, home and job. No criminal antecedent is alleged against the applicant. All the material witnesses have been examined. There is no likelihood of tampering with remaining evidence. Learned counsel further submits that co-accused Aman @ Bablu have been extended benefit of bail vide order dated 23.09.2023, passed in M.Cr.C. No.42392 of 2023. The allegations against the applicant are identical to co-accused Aman. The applicant had already undergone custody for more than one year. Trial would take time to conclude. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application and prays for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that Anil shall be released on bail in relation to Crime No.427/2023 registered at Police Station-Sanwer, Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/28/2024 10:34:31 AM NEUTRAL CITATION NO. 2024:MPHC-IND:24653 4 MCRC-31074-2024 District Indore (M.P.) for offence punishable under Sections 307, 293, 323, 506 and 34 of IPC upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court; (1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो । (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
This order shall be effective till the end of trial. However, in case Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/28/2024 10:34:31 AM NEUTRAL CITATION NO. 2024:MPHC-IND:24653 5 MCRC-31074-2024 of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE pn Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/28/2024 10:34:31 AM