Madhya Pradesh High Court
Aman Biraha vs The State Of Madhya Pradesh on 19 June, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-21286-2018
(AMAN BIRAHA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-06-2018
Shri S.K. Sharma, counsel for the applicant.
Shri Rajesh Tiwari, Govt. Advocate for the respondent/State.
Heard with the aid of case diary. This is First application of the applicant Aman Biraha filed sh under section 439 Cr.P.C. for grant of bail in connection with Crime No.128/2018 registered at Police Station Ranjhi, District Jabalpur for e ad the offence punishable under Sections 307, 294, 34 of IPC and Section 25 of Arms Act.
Pr As per the prosecution case, on 26.02.2018 at 09:15 PM, when a complainant Raman Ben was standing near Nemi Chand shop along hy his friends Shailendra and Sujal Sonkar, applicant Aman Biraha and ad co-accused Dhammu and Sanjay Thakur came there. Applicant Aman Biraha assaulted complainant by knife, due to which, he sustained M injury in his left ribs, co-accused Sanjay Thakur also assaulted him by of knife, due to which, he sustained injury in his left leg and co-accused Dhammu assaulted him by kicks and fists, when complainant's friend rt Sujal tried to rescue, applicant Aman also assaulted him by knife and ou other co-accused also abused complainant. On that report Crime C No.128/2018 was registered at Police Station Ranjhi, Jabalpur.
Learned counsel for the applicant submits that applicant has not h ig committed any offence and has been falsely implicated in the offence. H The injuries sustained by the complainant Raman Ben and Sujal Sonkar are simple in nature. Charge-sheet has been filed. The applicant is in custody since 26.02.2018 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question. So, he may not be released on bail.
Looking to fact and circumstances of the case and as to the fact that charge sheet has been filed and conclusion of trial will take time and applicant is in custody since 26.02.2018, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 sh of the bond executed by him;
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2. The applicant will cooperate in the investigation/trial, as the ad case may be;
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3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact a of the case so as to dissuade him from disclosing such facts to the hy Court or to the Police Officer, as the case may be;
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4. The applicant shall not commit an offence similar to the M offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during of the trial; and
6. The applicant will not leave India without previous rt permission of the trial Court/Investigating Officer, as the case may be.
ou C.C. on payment of usual charges. C h (RAJEEV KUMAR DUBEY) ig JUDGE H Digitally signed by RANJEET AHIRWAL Date: 2018.06.19 18:14:09 +05'30' (ra)