Madhya Pradesh High Court
Ajmersingh vs The State Of Madhya Pradesh on 7 January, 2016
M.Cr.C. No.12965/2015
07/01/2016
Shri Ravi Dwivedi, counsel for the applicants.
Shri Vijay Sundaram, Panel Lawyer for the respondent-
State.
Shri A.S. Rathore, counsel for the objector. Heard the learned counsel for the parties. At this stage, learned counsel for the applicants prays to withdraw the present application under Section 439 of Cr.P.C. filed by the applicant No. 1 Ajmer Singh.
Prayer is allowed.
The present application filed by the applicant No. 1 namely Ajmer Singh is hereby dismissed being withdrawn.
The remaining applicants No. 2 & 3 are in custody since 9/11/2015 in connection with Crime No.340/2015 registered at Police Station Bamore, District Morena for the offences punishable under Sections 452, 294, 323, 147, 148, 149 added section 326/459 of IPC.
Learned counsel for the applicants No. 2 & 3 submits that the applicants No. 2 & 3 are youths of 25 & 19 years of age respectively, who have no criminal past alleged against them. Initially the case was registered of offence punishable under sections 452, 294, 323, 147, 148, 149 of IPC and thereafter section 326/459 of IPC was added. The prosecution story alleges that assault was done by the applicants after entering into the house and prima facie no offence punishable under section 459 of IPC is made out. Similarly, it is alleged against the co-accused Ajmer Singh that he gave blow of Sabbal on the mouth of the victim Chameli Bai whose two teeth were broken. The applicants No. 2 & 3 were not aware that the co-accused Ajmer Singh would assault the victim in such a manner and would cause such an injury to her. No common intention of the present applicants No. 2 & 3 can be presumed with the co-accused Ajmer Singh, therefore, prima facie no offence is made out against the applicants No. 2 & 3 either directly or with the help of Section 34 and 149 of IPC. Under these circumstances, applicants No. 2 & 3 pray for bail.
Learned Panel Lawyer for the State and counsel for the objector oppose the application.
After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any view on the merits of the case, the application of the present applicants No. 2 & 3 namely Rajpal Singh and Krishna Singh respectively under Section 439 of Cr.P.C. seems to be acceptable. Consequently it is hereby allowed. It is directed that present applicants No. 2 & 3 be released on bail on their furnishing a bond in sum of Rs.30,000/- (Rupees thirty thousand only) each with one surety bond of the same amount each to the satisfaction of the Chief Judicial Magistrate, Morena, to appear before the committal Court and the trial Court on the dates given by the concerned Courts.
Certified copy as per rules.
(N.K.Gupta) Judge Durgekar*