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Madhya Pradesh High Court

Raja vs The State Of Madhya Pradesh on 23 April, 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 23rd OF APRIL, 2022

                                                   MISC. CRIMINAL CASE No. 15803 of 2022

                                             Between:-
                                             RAJA S/O SHRI PRAKASH NIGORE , AGED ABOUT
                                             22 YEARS, OCCUPATION: LABOR H.NO. 4 SHIV
                                             NAGAR MUSAKHEDI (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                             (BY SHRI R.R. BHATNAGAR, ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH STATION
                                             HOUSE OFFICER THROUGH POLICE STATION
                                             AZAD NAGAR (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                             (BY SHRI MUKESH KUMAWAT, GOVT. ADVOCATE )

                                         T h is application coming on for orders this day, Hon'ble Shri Justice
                                   Saytendra Kumar Singh passed the following:
                                         With the consent, heard finally.
                                         Case diary perused.
                                                                         ORDER

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 17.01.2022 in connection with Crime No.734/2021 registered at Police Station Azad Nagar, District Indore (M.P.) for commission of offence punishable under Section 329, 327, 323, 294, 506 and 34 of IPC.

Prosecution story, in brief, on 08.11.2021, applicant alongwith co-accused persons demanded an amount of Rs.500/- from complainant to consume liquor and when he denied for the same, they assaulted him with deadly weapon; iron rod causing grievous injuries to him. When one-Ankit tried to intervene in the matter, applicant and co-accused persons also assaulted him and threatened of dire consequences.

Learned counsel for the applicant submits that initially offence punishable under Section 294, 327, 506 of IPC was registered against the applicant. They Digitally signed by SEHAR HASEEN Date: 2022.04.23 18:13:22 IST 2 were enlarged on bail in the aforesaid offence but thereafter, offence punishable under Section 329 of IPC was added and non-bailable warrant has been issued against them. They have not violated the conditions of earlier bail order. Prior to this incident, co-accused and his mother lodged a report against the complainant at police Station Khategaon, due to which this false case has been registered against them. Hence, he has been falsely implicated in the matter. Moreso, co-accused Abhishek has already been enlarged on anticipatory bail by order dated 24.03.2022 passed in M.Cr.C. No. 12763/2022. Applicant is in custody since 17.01.2022. Investigation is complete and chargsheet has been filed. Trial will take time to conclude. In the aforesaid circumstances, the prayer is made to enlarge the applicant on bail.

Per contra, learned counsel for the respondent/State opposes the prayer for grant of bail to the applicant supporting the order impugned.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant and the fact that co-accused Abhishek (supra) has already been enlarged on bail, so also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a 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 sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2022.04.23 18:13:22 IST