Madhya Pradesh High Court
Bablu @ Arjun vs The State Of Madhya Pradesh Thr on 29 November, 2017
1
M.Cr.C.No.23168/2017
(Bablu @ Arjun Vs. State of M.P.)
Gwalior, Dated : 29.11.2017
Mr. S.K. Gupta, learned counsel for the applicant.
Mr. G.S. Chauhan, learned PP for the respondent/State.
Case diary is available.
This is first bail application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 10.11.2017 in connection with Crime No.769/2017 registered by Police Station Morar, District Gwalior for offence punishable under Sections 294, 308, 323, 324 and 506/34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had caused an injury on the back of injured-Jeetu by means of knife, whereas in the MLC report, two lacerated wounds were found which are simple in nature. Thus, it is clear that the allegation of assaulting injured-Jeetu by knife is false as no incised or penetrated wound has been found. It is further submitted that according to the doctor, both the injuries were caused by hard and blunt object. The applicant is in jail from 10.11.2017 and this Court vide order dated 03.11.2017 passed in M.Cr.C.No.18982/2017 has granted bail to the co-accused Indar Singh and Sandeep. The applicant has been falsely implicated merely because his father has been made accused. The applicant undertakes to appear before the Trial Court regularly and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for 2 the State. It is submitted by the counsel for the State that the applicant has a criminal history.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- (Rs. Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall be become ineffective.
Certified copy as per rules.
(G.S. Ahluwalia) Judge bj/-
BARKHA JHA 2017.11.30 16:27:03 -08'00'