Madhya Pradesh High Court
Bharat Manje vs State Of M.P. on 14 September, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. Cr. C. No.35369/2021
(Nikhil @ Ankit Vs. State of M. P.)
M. Cr. C. No.33603/2021
(Bharat Vs. State of M. P.)
-1-
Indore, dated 14/09/2021
Mr. Manish Yadav, learned counsel for the applicant in
M.Cr.C.No.35369/2021.
Mr. Avinash Sirpurkar, learned Senior Counsel with Mr. Bablu
Patel, learned counsel for the applicant in M.Cr.C.No.33603/2021.
Ms. Seema Maheshwari, learned Panel Lawyer for the
respondent / State.
Mr. Saaransh Jain, learned counsel for the objector in M.Cr.C. No.33603/2021.
These are the first bail applications under Section 439 of Cr.P.C. on behalf of the applicants. The applicant Nikhil @ Ankikt is in custody since 12/06/2021 and the applicant Bharat Manje is in custody since 15/06/2021 in connection with Crime No.265/2021 registered at Police Station - Tukoganj, District Indore for the offences punishable under Section 294, 307, 427, 506 and 34 of the Indian Penal Code, 1860.
As per prosecution story, on 03/06/2021 at about 01:30 AM one Vishal S/o Premchand Verma reached at the house of complainant Deepak and told him about the quarrel which happened between Vishal and Sandeep, Ankit, Akash and Brijesh at the nearby grocery shop. The complainant told the Vishal that they should not get into the dispute or fight of any kind. At the time the complainant came out of the house and saw that co-accused Sandeep, Ankit, Akash and Brijesh were carrying weapons in their hands and they were sabotaging the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. Cr. C. No.35369/2021 (Nikhil @ Ankit Vs. State of M. P.) M. Cr. C. No.33603/2021 (Bharat Vs. State of M. P.) -2- vehicles, which were parked near the house of the complainant. Accused persons have started abusing the complainant and when he tried to stop them from abusing, accused persons have started beating them by the weapon with an intention to kill. Co-accused Sandeep gave a blow of sword to the complainant on his head and Akash gave a blow by means of sword on his left leg. Ankit injured his thumb of right hand with a sharp edged like object and Brajesh has blow his back with an iron rod. After hearing hue and cry his neighbor came to rescue the complainant and then all the accused persons fled away from the spot. While leaving the spot they have threatened the complainant to kill. Thereafter, complainant was taken to the hospital. He has lodged FIR against the present applicants and other co- accused persons. Accordingly, a case has been registered.
Learned counsel for the applicants contended that the applicants are innocent persons and have been falsely implicated in the crime. Applicant Bharat was not the named in the FIR and complainant has stated his name in his statement recorded under Section 161 of Cr.P.C. before the police. Applicant Nikhil @ Ankit was also not named in the FIR. Victim has not received any serious injury. He has sustained only three injuries and all the injuries are simple in nature. Applicants Nikhil is in custody since 12/06/2021 and Bharat is in custody since 15/06/2021. Both the applicants are young persons aged about 22 and 19 years respectively. Nikhil is a student and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. Cr. C. No.35369/2021 (Nikhil @ Ankit Vs. State of M. P.) M. Cr. C. No.33603/2021 (Bharat Vs. State of M. P.) -3- Bharat is a professional wrestler and has also taken part in various State and National level wrestling competitions. They have not caused any injury to the complainant and they are the permanent residents of Indore. Therefore, learned counsel for the applicants submits that they be released on bail.
Per contra, learned Panel Lawyer for the respondent / State supported the order impugned and opposes the bail application with submission that there are four criminal antecedents against the applicant Nikhil and prays for its rejection.
In reply, learned counsel for the applicant submits that there are only two offences registered against the applicant Nikhil.
Shri Jain, learned counsel for the objector Deepak has also opposed the bail application and prays for its rejection by contending that both the applicants and all other co-accused persons were equally involved in the crime. Hence, they are not entitled to be released on bail.
Perused the impugned order of the trial Court as well as the case diary.
Considering the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicants, looking to the fact that the applicants Nikhil @ Ankit and Bharat Manje are in custody since 12/06/2021 and 15/06/2021 respectively, victim has sustained only three injuries which are simple HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. Cr. C. No.35369/2021 (Nikhil @ Ankit Vs. State of M. P.) M. Cr. C. No.33603/2021 (Bharat Vs. State of M. P.) -4- in nature, investigation is complete and charge sheet has been filed, victim was also discharged from the hospital after four days of treatment and also looking to the fact that the applicants are young persons of 22 and 19 years of age and the final conclusion of the trial is likely to take long sufficient time. I deem it proper to release the applicants on bail. Therefore, without commenting upon the merits of the case, the bail application is allowed.
It is directed that applicants - Nikhil @ Ankit and Bharat Manje be released on bail on their each furnishing personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Before releasing the applicants from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W. P. No.01/2020.
Certified copy as per Rules.
(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.09.14 16:47:20 -07'00'