Madhya Pradesh High Court
Raju Sing vs The State Of Madhya Pradesh on 21 July, 2015
MCRC-11933-2015
(RAJU SING Vs THE STATE OF MADHYA PRADESH)
21-07-2015
Shri Madan Singh, counsel for the applicants.
Shri G.S. Thakur, P.L. for the respondent/State.
Heard the learned counsel for the parties. The applicants are in custody since 19.6.2015 relating to Crime No.298/15 registered at Police Station Damoh Dehat, District Damoh for the offences punishable under Sections 307/34 of the IPC and Section 3(2)(v) of the SC/ST Act. Learned counsel for the applicants submits that the applicants are youths of 25 and 20 years of age respectively. They do not have any criminal past alleged against them. It is alleged against the applicants that they assaulted the victim on his head by axe and sword. However, no forceful blow has been given by any of the applicant and therefore, neither any fracture nor any fatal injury was found to the victim. It is not alleged against the applicants that they assaulted the victim again and again. Prima facie, no offence under Section 307 of the IPC is made out against the applicants and consequently, no offence under Section 3(2)(v) of the SC/ST Act is made out against them. At the most, the offence under Section 324 of the IPC may constitute, which is not so grave. They are unnecessarily kept in the custody. Consequently, they pray for bail.
Learned P.L. opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicants may be accepted. Consequently, it is hereby allowed.
It is directed that the applicants namely Raju Singh and Sonu @ Sone Singh be released on bail on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand) each with a surety bond of the same amount to the satisfaction of the CJM, Damoh to appear before the committal Court and the trial Court on the dates given by the concerned Courts.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K. GUPTA) JUDGE