Ajay @ Pankaj vs State Of Madhya Pradesh

This application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Ajay @ Pankaj who is implicated in connection with Crime No.1015/2019, registered at Police Station-Chimanganj Mandi, District-Ujjain, concerning offence under Section 458, 323, 294, 506, 336, 427 & 34 of IPC, 1860.

As per prosecution story, on 19/09/2019 complainant lodged a report that at about 11.15 pm when he was having dinner in his home, at that time co-accused Rahul, Golu, Gajju, Bhuru & other persons armed with weapons came outside his house and started hurling abuses. Rahul armed with pistol, Golu & Gajju armed with sword entered into the house and caused damage to house hold items. Gajju assaulted Virender Singh (complainant's father) with stone. Rahul fired a gunshot. Two wheeler of complainant also got damaged. On the basis of which FIR was registered against the accused persons.

Learned counsel for the applicant has submitted that the applicant is neither named in the FIR nor in the statement of injured Virender Singh and other witnesses recorded under Section 161 of Cr.P.C, 1973. No specific role of the applicant has been attributed in the aforesaid documents. When the other co-accused persons were arrested by police, on the basis of their information, the applicant was implicated in the present crime. Police also recorded supplementary statement of Virender Singh and other witnesses in which first time they stated that during the incident the applicant also came on the spot and provoked the co-accused persons to kill Virender Singh. In these circumstances at the most offence under Section 506B of IPC will be made out against the applicant, which is bailable in nature. The applicant is in custody since 26/09/2019 and he is not required for further interrogation. Charge-sheet has been filed and conclusion of trial will take sufficient long time. There is no possibility of absconsion or tampering with the evidence if the applicant is released on bail. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail on his/her furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only), with one solvent surety in the like amount to the satisfaction of trial Court, with a condition that he/she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.