Madhya Pradesh High Court
Nitin vs The State Of Madhya Pradesh on 2 May, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 2nd OF MAY, 2022
MISC. CRIMINAL CASE No. 21508 of 2022
Between:-
NITIN S/O DHARMA SINGH CHOUHAN, AGED
ABOUT 19 YEARS, OCCUPATION: STUDENT R/O
VILLAGE GURJARKHEDA TEHSIL MHOW
DISTRICT INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ADITYA RAJ SINGH SOLANKI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DWARKAPURI DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MUKESH SHARMA, GOVERNMENT ADVOCATE)
Th is application coming on for orders this day, the court passed the
following:
ORDER
With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 04.04.2022 in connection with Crime No.88/2022, registered at Police Station Dwarkapuri, District Indore (M.P.) for commission of offence punishable under Sections 327, 323, 294, 506, 34, 329 of IPC.
Prosecution story, in brief, is that on 10.02.2022 at around 9 P.M. applicant alongwith co-accused persons demanded money for consuming liquor from the complainant Deepak Yadav and when he refused, they assaulted him with stone on head, vital part of his body and caused grievous injury. They abused and also threatened to kill him.
Signature Not VerifiedDigitally signed byLearned counsel for the applicant submits that the applicant alongwith co-
SAN REENA JOSEPH
Date: 2022.05.02
accused persons came to attend marriage, due to which false and fabricated case 17:09:41 IST has been registered against the applicant. Offence under Section 329 of IPC is not 2 made out against the applicant. The incident happened all of a sudden and it is nowhere stated that injury is found on the body of the complainant or caused by the applicant. Investigation is complete and charge sheet has been filed. Applicant is in custody since 04.04.2022 and trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State opposes the application and prays for its rejection.
Having considered the rival submissions, allegations levelled against the applicant, injuries found on the body of the complainant and also considering other evidence produced on record against the applicant, without commenting anything on merits of the matter, this Court is of the considered view that it is a fit case for grant of bail to the applicant. Hence, this application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. I n view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This application is allowed and stands disposed of.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH)
JUDGE
RJ
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN REENA JOSEPH
Date: 2022.05.02
17:09:41 IST