Madhya Pradesh High Court
Umesh Purviya vs The State Of Madhya Pradesh on 12 May, 2016
MCRC-8077-2016
(UMESH PURVIYA Vs THE STATE OF MADHYA PRADESH)
12-05-2016
Shri Rajesh Raghuvanshi, learned counsel for the
applicants.
Shri Prakash Gupta, learned Panel Lawyer for the
respondent/State.
Heard.
This is repeat application filed under Section 439 of the Cr.P.C. for grant of bail to the applicants who have been arrested in connection with Crime No. 445/2015, registered at P.S.- Bareli, District- Raisen for the offence punishable under Sections 452, 294, 307/34 of the IPC Section 3(1)(10) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Earlier application was dismissed as withdrawn with liberty to file the same after three months.
The allegation against the applicants is that they had caused injuries to the complainant. As per the Medical Report there were following injuries on the person of the body of complainant Pohap Singh:
"Lacerated wound 5x10 cm in size on votar to dorsal aspect of (G) hard between 4th finger and 5th finger with freon cut.
Lacerated wound 3x8 cm in size in posterior aspect of head.
L/w 3x2 cm in size on planter aspect foot."
The above mentioned injuries may be caused by hard and sharp object but the final opinion regarding nature of injury to be given by radiologist." The prayer for bail is opposed by learned Panel Lawyer.
Looking to the nature of injuries and period of detention of the applicants, but without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by each of the applicant along with one solvent surety in the like amount each to the satisfaction of the trial court, the applicants be released on bail with a direction to appear before the trial court on the date of the trial.
The applicants shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such persons shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such persons shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA